Jane Crocker, F.K.A. Jane C. Jacobs, et al. - Page 99

                                       - 89 -                                         
          Estate of Palmer v. Commissioner, 839 F.2d 420, 424 (8th Cir.               
          1988), revg. and remanding 86 T.C. 66 (1986).43                             
               Generally, a correlation between replacement cost and fair             
          market value has been proved where the property is unusual in               
          nature and other methods of valuation, such as comparable sales             
          or income capitalization, are not applicable because of the                 
          property's uniqueness and nonincome-producing nature.  See, e.g.,           
          Estate of Palmer v. Commissioner, 839 F.2d at 424.  While we have           
          found that the income capitalization method is not appropriate to           
          value the theater portion of the Redwood City Fox, the comparable           
          sales method is appropriate because two properties which we find            
          to be substantially similar to the Redwood City Fox were sold               
          close in time to the valuation date of December 31, 1986.                   
               The San Jose Fox is a 24,363-square foot "movie palace" that           
          opened in 1927.  The Redevelopment Agency of the City of San Jose           
          purchased the San Jose Fox in September 1985 with the intent to             
          renovate the theater and revitalize the downtown area of San                
          Jose.  Similarly, the Stanford Theater is a 22,313-square foot              
          movie theater that was built in 1925, and, while not a live                 
          performance theater, is similar in size and attractiveness to               
          both the San Jose Fox and the Redwood City Fox.  It was purchased           


               43 In published guidelines, respondent has taken a similar             
          approach to the use of reproduction cost in valuing property for            
          purposes of the sec. 170 deduction.  Such guidelines direct that            
          "fair market value depends upon value in the market and not on              
          intrinsic worth", and that reproduction cost is to be considered,           
          but only to the extent it is probative of value.  Rev. Proc. 66-            
          49, secs. 2.04, 2.07, 1966-2 C.B. 1257, 1257-1258.                          


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