William P. Short, Jr. and Mary E. Short - Page 2

                                         -2-                                          
          $5,810,000 charitable contribution deduction claimed on their 1988          
          amended Federal income tax return.                                          
               The issue for decision is whether petitioners made a                   
          charitable contribution of land to the State of Delaware within the         
          meaning of section 170(a) and, if so, the fair market value of the          
          contribution on the date of donation.                                       
               All section references are to the Internal Revenue Code in             
          effect for the years under consideration.  All Rule references are          
          to the Tax Court Rules of Practice and Procedure.                           
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are found                   
          accordingly.  The stipulation of facts and the attached exhibits            
          are incorporated herein by this reference.                                  
               Petitioners William P. Short, Jr. and Mary E. Short, husband           
          and wife,1 resided in Bethany Beach, Delaware, at the time they             
          filed the petition herein.  For convenience, we refer to William P.         
          Short, Jr. as petitioner.                                                   
          The Disputed Land                                                           
               Petitioners owned substantial tracts of undeveloped land               
          along the Atlantic Ocean beaches in Sussex County, Delaware (Sussex         
          County). They claimed title to certain parcels of land (the                 
          disputed land) in the same vicinity.  The State of Delaware also            

               1    At the time of trial, both petitioners were ill and               
          unable to testify.  The Court has made no adverse inferences as a           
          result of their failure to testify.  Petitioners' son, Rodney               
          Short, testified on petitioners' behalf.                                    




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