- 14 - $43,936.50. Dividing this amount by the capitalization rate of 10.87 results in a special use value for the subject property of $404,199.63. Petitioner contends that the report attached to the amended return fully comports with the requirements of section 2032A(e)(7) and accompanying regulations, and that petitioner's protective election has thereby been perfected. Petitioner further maintains that the subject property was used for a qualified use, and that decedent materially participated in its operation. (No other requirements of section 2032A are in issue.) Respondent argues, on the other hand, that petitioner failed to properly perfect its election with respect to the qualified woodlands on the amended return. More specifically, respondent argues that, in electing to value the subject property pursuant to section 2032A(e)(7)(A), petitioner failed to identify comparable properties and annual gross cash rent figures as required. Respondent also argues that petitioner failed to demonstrate that the subject property was in qualified use and that decedent materially participated in its operation. Section 20.2032A-4(b)(2), Estate Tax Regs., describes the documentation required from the executor in order to value property under section 2032A(e)(7)(A). The regulation states that "The executor must identify to the Internal Revenue Service actual comparable property for all specially valued property and cash rentals from that property" for each of the 5 calendar yearsPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011