- 12 - a single February 17, 2001, closing date. Ponderosa, through this time, had paid nonrefundable payments (that were not to be applied to the purchase price) to the Busch property owners ranging from about $500,000 to about $1 million. As of the end of 1998, approval had not yet been received, and Ponderosa continued to experience difficulties in the process of attempting to gain approval for development. OPINION This case involves the valuation of real property for estate tax purposes. We must decide the value of decedent’s one-half interest in the subject property. The estate reported a fee simple value of $12,700,000 and discounted decedent’s one-half interest ($6,350,000) by 40 percent to reach the $3,810,000 value reported as includable in the gross estate. The estate’s valuation was predicated on the assumption that residential development is the highest and best use for the property. Respondent, after examining the estate’s return, valued decedent’s one-half interest in the property at $7,400,000, also assuming that residential development is the highest and best use of the property. In the context of litigation, petitioner now contends that decedent’s interest in the property should have been valued and included in the gross estate at $680,000.3 3 We have held that a higher reported value is an admission, requiring an estate to produce “cogent proof that the reported values were erroneous.” Estate of Hall v. Commissioner, 92 T.C. (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011