Jane Crocker, F.K.A. Jane C. Jacobs, et al. - Page 93

                                       - 83 -                                         
               Theater Value Estimate             $660,000                            
               Retail/Office Value Estimate       631,000                             
               Total Value Estimate               $1,291,000                          
                                       OPINION                                        
          I.  Introduction                                                            
               There is no dispute that petitioners' gift of the Redwood              
          City Fox and associated personal property to the Players is a               
          charitable contribution deductible under section 170(a)(1).  We             
          find and hold that the fair market value of the personal property           
          on the date of donation was $96,000.  Consequently, we need only            
          decide the fair market value of the Redwood City Fox as of                  
          December 31, 1986, for purposes of determining the proper amount            
          of petitioners' charitable contribution deduction and carryover             
          deductions.37  We must also decide whether Jacobs is liable for             
          an addition to tax and penalties for the years at issue.                    
               The fair market value of donated property is the price at              
          which the property would change hands between a willing buyer and           


               37 Petitioners initially argued that respondent was                    
          precluded from redetermining the value of petitioners' 1986                 
          charitable donation because the period of limitations under sec.            
          6501 had expired for taxable year 1986 at the time respondent               
          issued the notices of deficiency.  Petitioners make no argument             
          regarding the statute of limitations in their briefs and appear             
          to have conceded this point.  We note, however, that petitioners            
          executed extensions pursuant to sec. 6501(c)(4), and the notices            
          of deficiency were timely issued for each taxable year within the           
          period as set forth in sec. 6501(a).  Although the charitable               
          contribution from which the carryovers arose was outside of these           
          periods, sec. 6501 does not foreclose this Court from looking to            
          a closed year to redetermine petitioners' tax liability for the             
          years at issue.  See Barenholtz v. United States, 784 F.2d 375,             
          380-381 (Fed. Cir. 1986); see also Angell v. Commissioner, T.C.             
          Memo. 1986-528, affd. without published opinion 861 F.2d 723 (7th           
          Cir. 1988).                                                                 



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