- 8 - made no adjustment to the FMV of Cane Mill as reported on the original return. OPINION Petitioner asks us to find an overpayment of its Federal estate tax. We have jurisdiction to determine the amount of any overpayment of petitioner's Federal estate tax since respondent has determined a deficiency therein. Sec. 6512(b); Barton v. Commissioner, 97 T.C. 548, 552 (1991). We must first decide whether petitioner is entitled to special use valuation under section 2032A for the qualified woodlands situated on Cane Mill. We must also decide whether petitioner is entitled to deduct interest expense incurred on funds borrowed from the Trust pursuant to section 2053(a)(2). I. Section 2032A Special Use Valuation Generally, a decedent's gross estate subsumes the fair market value of the decedent's interest in all property in which he owned an interest at the time of his death. Secs. 2032(a); 2033. However, in the case of certain real property used by the decedent or a member of his family for farming or in a closely held business, section 2032A allows the decedent's personal representative to elect to value the real property on the basis of its value as a farm or in the closely held business, rather than the fair market value of such property based on its "highest and best use". Sec. 2032A(e)(7) and (8); Stovall v. Commissioner, 101 T.C. 140, 146 (1993); sec. 20.2032A-3(a),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