- 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).Page: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Next
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