- 9 - analysis has a correlation to fair market value in this case.2 See Epping v. Commissioner, T.C. Memo. 1992-279. We conclude that an active market exists throughout the United States for substantially comparable items. Petitioners have not presented any evidence of comparable sales, relying solely on Mr. Perry's valuations. Consequently, petitioners have failed to carry their burden of proving that the donated game mounts are worth more than the amount established by respondent at trial. Thus, we conclude that, based on respondent's appraisal, the animal specimens donated by petitioner Robson have a fair market value of $29,100, and the specimens donated by petitioner Trnavsky have a fair market value of $16,600.3 Deductibility of Appraisal Fees Respondent does not dispute that appraisal fees are deduct- ible under section 212(3) but contends that the amount of fees paid for Mr. Duncan's services is unreasonable, and, therefore, 2Estate of Miller v. Commissioner, T.C. Memo. 1991-515, affd. without published opinion 983 F.2d 232 (5th Cir. 1993), is distinguishable. In Estate of Miller, the taxpayer donated numerous animal mounts to the State of Louisiana and claimed charitable contribution deductions. Replacement cost was probative in the Estate of Miller case because the Court found that no comparable items could be obtained in the market. Here, respondent has successfully demonstrated that items comparable to petitioners' did exist in the market. 3The fair market value of petitioner Robson's charitable contributions is $7,550, $12,125, and $9,425 for 1990, 1991, and 1992, respectively. The fair market value of petitioner Trnavsky's charitable contributions is $5,750, $4,000, and $6,850 for 1990, 1991, and 1992, respectively. For a more detailed listing of each donation, see appendix, infra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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