- 8 - use these roads. The landlocked condition of the Fishbranch parcel impeded the trustees' efforts to sell it. a. Part Gift/Part Sale of Basinger Soon after decedent's death, Messrs. Pearce and Lanier discussed their options as to how to handle the Basinger tract. Early in 1992, the Water District approached Messrs. Lanier and Pearce and proposed that the Trust donate the entire Basinger parcel to the Water District. The trustees concluded that the beneficiaries of the Trust would not want to donate so much land. Instead, Messrs. Lanier and Pearce entered into a contract with the Water District in their capacity as trustees of the Trust, pursuant to which they donated a portion of Basinger and sold the remaining portion of Basinger to the Water District (Gift/Sale Transaction). Approximately 615 acres were sold to the Water District for a price of $1,077,000, and approximately 468 acres were donated to the Water District.4 The donated portion included the Lockett family residence, and the other historical sites. As part of the Gift/Sale Transaction, Messrs. Lanier and 4 Respondent argues that the 468 acres included 44 acres of land that were only quitclaimed to the Water District, since the petitioner did not have clear title to those acres. Because we disallow the charitable deduction claimed by petitioner for the transfer to the Water District, we need not decide whether these 44 acres were part of the transferred parcel, nor need we value the transferred parcel or make findings of fact related thereto resolving Basinger's exact acreage. Messrs. Lanier and Pearce intended to dispose of Basinger in its entirety. But because surveyors overlooked a tract of approximately 40 acres, the Trust owned approximately 40 acres of Basinger at the time of trial.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011