Estate of Suzanne W. Cullison, Deceased, J. Greg Cullison, Personal Representative - Page 21

                                       - 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

Last modified: May 25, 2011