- 52 - Respondent criticizes Wheeler's method of determining the after value of the property. Respondent argues that Wheeler did not locate any comparable sales closer to the property at issue than comparables from Montana. At trial, however, respondent's own expert testified that he, like Wheeler, could not find any comparables within "a long distance of Sheridan." Boyett used comparables from sales in Colorado, Montana, Idaho, and in the Yellowstone Park vicinity of Wyoming. Respondent also argues that a 55-percent reduction to the value of the easement property is excessive. Respondent bases this argument primarily on Boyett's conclusion that the 300 AUM's restrictions under the easement did not affect the after value of the property at all. We find Boyett's analysis to be flawed. Boyett's conclusion was based on the following: (1) A discussion with MacCarty, the former ranch manager, during which time MacCarty told him that the easement's restriction of grazing to 300 AUM's did not affect the after value of the property, because Flying H did not intend to run more than 300 AUM's on the easement property, and (2) his own calculations. First, we note that Boyett's conversation with MacCarty regarding petitioners' intentions for the use of the property is irrelevant in determining the highest and best use. Dorsey v. Commissioner, T.C. Memo. 1990-242. Value is not affected by whether an owner actually intends to put, or has put, the property to its highest and best use before the date of donation. Moreover, were we toPage: 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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