Estate of William Busch, Deceased, Mary Dana, Executor - Page 12




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          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...)           




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