- 44 - the highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. Olson v. United States, 292 U.S. 246, 255-256 (1934). The value of the property after the donation must also reflect its highest and best use. Accordingly, consideration of any new restrictions the easement places on the property must be taken into account. Losch v. Commissioner, T.C. Memo. 1988-230. To establish the fair market value of the easement, each party offered the report and testimony of an expert witness: Wheeler, for petitioners, and Boyett, for respondent. At the outset, we note that petitioners' expert had extensive experience appraising conservation easements. In fact, since 1982, Wheeler has appraised more than 100 conservation easements, and spent close to 70 percent of his time appraising conservation easements primarily in Montana and Wyoming. In contrast, Boyett, respondents' expert has never evaluated the effect of a conservation easement on property. Any real estate appraisal experience he has is primarily limited to the southeast. In determining the value of the easement, Wheeler concluded that the most profitable before use was primarily rural development and recreational use, in connection with agriculture, either in parcels or as a whole. Accordingly, he concluded that the easement had a fair market value at the timePage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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