- 21 - the gift is complete); see also sec. 25.7520-1(b)(1)(ii), Gift Tax Regs. With respect to the value of the four parcels decedent transferred, petitioner contends that the land had a fair market value of $1,865,500, whereas respondent contends the land's fair market value was $1,945,925. No expert testimony was offered by the parties. Respondent relies heavily upon the appraisal report that petitioner obtained and provided to the estate tax examiner. In that appraisal report, the real estate appraiser concluded that the fair market value of decedent's land was $1,945,925, as of August 29, 1989. Jerry, however, testified that the land was worth only $1,865,500, as two of the parcels were worth somewhat less than the real estate appraiser had estimated. Jerry explained that the appraiser had failed to take into account (1) the significant portions of sand on these two parcels and (2) the thinner topsoil layers making them less suitable for certain crops. We found Jerry's testimony to be credible, as he was familiar with decedent's land, had considerable experience in farming, and was knowledgeable about farmland prices in the Wellton, Arizona, area. In addition, we would note that the appraisal report, though prepared by a qualified real estate appraiser, was expressly stated to be only a "preliminary valuation" of the four parcels. We hold that decedent's land had a fair market value of $1,865,500, as of August 29, 1989.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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