- 22 - Thus, fair market value plays an important role but is not determinative herein. As a consequence, we reject respondent's insistence that we should determine a definite figure for fair market value which should then be compared with the sale price and automatically measure inurement. Such an approach would accord that value a preciseness it simply does not have. See Messing v. Commissioner, 48 T.C. 502, 512 (1967). On the other hand, we are not prepared to minimize, as petitioner would have us do, the influence of the fair market value element in determining whether the sale price should be treated as the product of arm's-length negotiations, with the absence of inurement the result. Burden of Proof and Evidentiary Matters There is one further preliminary matter. In an earlier proceeding in this case, we decided that petitioner had made a proper request for a determination in respect of its exemption under section 501(c)(3), within the meaning of section 7428(b)(2), that respondent had failed to make a determination with respect to such request, and that petitioner had filed a proper and timely petition for a declaratory judgment so that all the jurisdictional requirements prescribed by section 7428 had been satisfied. Anclote Psychiatric Ctr., Inc. v. Commissioner, 98 T.C. 374 (1992) (docket No. 19530-91X). Given our conclusion that respondent had not made the required determination, thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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