Arbor Towers Associates, Ltd. - Page 15




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          on this figure, this too would leave unsubstantiated Arbor's                
          claim to a charitable contribution deduction since the $9 million           
          was the sale price.  While we have other significant concerns               
          with Wieme's testimony, including that he valued the building 2             
          months before the valuation date with no analysis of whether the            
          applicable assumptions remained unchanged, our holding that his             
          testimony is unreliable because of the application of an improper           
          standard renders unnecessary further discussion of those                    
          concerns.  Petitioner has failed to prove that the fair market              
          value of Wolverine Towers was greater than the $9 million sale              
          price.12  We sustain respondent's determination.                            
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                            for respondent.                           














               12We need not address respondent's last argument that the              
          gift occurred on Dec. 30, 1992, not on Feb. 25, 1993, upon the              
          closing.                                                                    




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