Anclote Psychiatric Center, Inc. - Page 22

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                  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, the                                 





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