Estate of Lewis S. Thompson, III, Deceased, Synovus Trust Company, Successor Executor To Security Bank and Trust Company - Page 8

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          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),                 




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