Estate of Edna Pearce Lockett Deceased, David F. Lanier, Personal Representative - Page 8

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          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.                                              


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