Estate of George A. Lehmann, Deceased, Walter G. Kealy, Jr., Personal Representative - Page 14

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            relies upon Parli's view that the highest and best use of the                             
            property is as office space rather than as a hotel.1                                      
                  Respondent's contention ignores the fact that the property                          
            was encumbered by a long-term lease.  The lessee, possessing a                            
            leasehold interest, occupies the land on which its particular                             
            hotel is located.  Such an interest reduces the value of the                              
            partnership's interest in the land because the lessee's                                   
            contractual right to occupy the land prevents the partnership                             
            from re-leasing the property at a higher rate or from demolishing                         
            the hotel and using the land for another, perhaps more                                    
            profitable, purpose.  The lessee, not the partnership, has the                            
            option to use the land to construct an office building or to                              
            sublet the property at a profit.  Consequently, it is unrealistic                         
            to contend that the value of the partnership's interest in the                            
            land is equivalent to the value of the land at its highest and                            
            best use as though the land were vacant.  See Marks v.                                    
            Commissioner, T.C. Memo. 1985-179; Appraisal Institute, The                               
            Appraisal of Real Estate, 280 n.5, 282 (10th ed. 1992).                                   
            Respondent's assertions fail to consider reality as it existed on                         



                  1Petitioner does not argue that it made an election pursuant                        
            to sec. 2032A.  Sec. 2032A permits an estate to elect to value                            
            qualified real property used for farming and small business                               
            purposes on the basis of income capitalization rather than on the                         
            basis of highest and best use.  Sec. 2032A(e)(7); Williamson v.                           
            Commissioner, 93 T.C. 242, 244 (1989), affd. 974 F.2d 1525 (9th                           
            Cir. 1992); Estate of Heffley v. Commissioner, 89 T.C. 265, 271                           
            (1987), affd. 884 F.2d 279 (7th Cir. 1989).                                               




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