Estate of Lewis S. Thompson, III, Deceased, Synovus Trust Company, Successor Executor To Security Bank and Trust Company - Page 19

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          rather than an accurate calculation of the cash rents required              
          thereunder.                                                                 
               As a further indication of his report's unreliability,                 
          Frazer testified that the adjusted net lease income per acre                
          figures for each of the 8 properties used as comparables were not           
          used to derive an average gross cash rental for the 5 years                 
          preceding decedent's death, despite the fact that section                   
          2032A(e)(7)(A) expressly requires this to be done.  Rather,                 
          Frazer explained that the $15 per acre "Average" used to                    
          calculate the special use value of the subject property was an              
          amount based on his "personal knowledge".  Frazer stated that "I            
          chose what I thought would be the indicated market rent for what            
          I knew about the whole business, and that's it."  Frazer conceded           
          that his report failed to adequately explain the $15 figure.                
          Petitioner attempts to gloss over the report's fundamental flaws            
          by stating that "Based on * * * [Frazer's] knowledge and                    
          experience in valuing timberland, the $15 per acre rate was the             
          appropriate valuation rate within this range."  However, an                 
          amount that Frazer himself termed a "judgment call" does not                
          suffice for purposes of satisfying the stringent terms of section           
          2032A(e)(7)(A).  See Martin v. Commissioner, 783 F.2d at 84.                
               Finally, Frazer testified that he validated his estimate of            
          the cash rental rate for the Cane Mill timberland by reference to           
          the prevailing rental rate for cropland during the relevant                 
          period.  However, there is no evidence in the record as to how              




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