S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 52

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                  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 to                           



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