I.C. Hemmings and Sue B. Hemmings, et al. - Page 29

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          evidence, appeared to be trustworthy.  Thus, we proceed to                  
          determine the value of the gemstones.                                       
               Section 1.170A-1(c)(1), Income Tax Regs., states that,                 
          except for certain adjustments not relevant here,13 a charitable            
          contribution of property is to be valued at the fair market value           
          of the property at the time of the contribution.  "Fair market              
          value" is defined as "the price at which the property would                 
          change hands between a willing buyer and a willing seller,                  
          neither being under any compulsion to buy or sell and both having           
          a reasonable knowledge of relevant facts."  Sec. 1.170A-1(c)(2),            
          Income Tax Regs.  A sale of the same property within a short                
          period of time prior to the valuation date has been described as            
          reliable evidence of value.  Chiu v. Commissioner, 84 T.C. 722,             
          734 (1985); Hinkel v. Motter, 39 F.2d 159 (D. Kan. 1930).                   
               Respondent argues that Mr. Hemmings has not established the            
          fair market value of the gemstones on the date of contribution.             
          Mr. Hemmings does not rely on either of the appraisals other than           
          to corroborate the facts concerning his acquiring the gems.                 

          13   In determining the amount of a charitable contribution                 
          of property, the fair market value of the property must be                  
          reduced by, inter alia, the amount of gain which would not have             
          been long-term capital gain if the property contributed had been            
          sold by the taxpayer at its fair market value at the time of                
          contribution.  Sec. 170(e)(1)(A); sec. 1.170A-1(c)(1), Income Tax           
          Regs.  The Hemmingses do not assert that the fair market value of           
          the gemstones at the time of contribution exceeded their basis              
          ($150,000).  To the extent the fair market value did exceed                 
          basis, such excess would have no impact on the amount of the                
          allowable charitable contribution deduction because of the                  
          aforementioned rule.                                                        




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