- 43 - the fair market value of an easement usually will be determined indirectly by applying a "before-and-after" analysis, thereby determining the negative effect the easement has on the value of the total property.15 Thus, the difference between the fair market value of the total property before the granting of the easement and the fair market value of the property after the grant is the fair market value of the easement. Id. The fair market value of the easement should be based on the highest and best use for the property on its valuation date, including potential development. See generally Stanley Works v. Commissioner, 87 T.C. 389, 400 (1986); Hilborn v. Commissioner, 85 T.C. 677, 688 (1985); sec. 1.170A-14(h)(3)(i) and (ii), Income Tax Regs. In determining the before and after highest and best use, the fair market value of property is not affected by whether the owner actually has put the property to its highest and best use. Symington v. Commissioner, supra at 896; Stanley Works v. Commissioner, supra. Rather, the realistic, objective potential uses for property control the valuation thereof. Symington v. Commissioner, supra. Thus, in determining the reasonable and probable use that supports the highest present value we focus on 15 The before-and-after method of valuing conservation easements is approved by the IRS. See Rev. Rul. 73-339, 1973-2 C.B. 68, as clarified by Rev. Rul. 76-376, 1976-2 C.B. 53, and endorsed by Congress in connection with the adoption of the Tax Treatment Extension Act of 1980, S. Rept. 96-1007 (1980), 1980-2 C.B. 599, 606.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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