- 8 - specimen is harvested on a trip, the cost of the trip is prorated over each specimen. Mr. Perry then adjusts the values, based upon factors such as the quality of the specimen and its rarity. He believes that this is the only proper way to value animal specimens, because he views each specimen as a unique object. Replacement cost is a relevant measure of value where the property is unique, the market is limited, and there is no evidence of comparable sales. Estate of Palmer v. Commissioner, 839 F.2d 420, 424 (8th Cir. 1988), revg. 86 T.C. 66 (1986). We find, contrary to Mr. Perry's beliefs, that there is a market throughout the United States for items comparable to those donated by petitioners. Petitioners argue that there are no comparable sales, because residents in California are prohibited from selling game mounts. We reject this contention. Petitioners' argument, taken to its logical conclusion, would result in their mounts' having no value, as California residents could never sell them. Mr. Curry testified, however, that prices for game mounts in California are equivalent to prices in States that do not place restrictions on sales. Thus, the restrictions imposed by California law do not materially affect the value of petitioners' game mounts. We therefore cannot accept Mr. Perry's valuations, as petitioners have not demonstrated that their replacement costPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011