Estate of Carolyn J. Rogers - Page 19




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          The average annual State and local real estate taxes paid on the            
          five leased tracts for the 5 years preceding decedent’s death               
          were $1.1592 per acre.                                                      
               The average annual effective interest rate for all new                 
          Federal Land Bank loans for the 5 years preceding decedent's                
          death was 10.21 percent.                                                    
                                     Discussion                                       
          I.   Overview of Section 2032A–-Special Use Valuation                       
               Generally, a decedent's gross estate includes the fair                 
          market value of the decedent's interest in all property in which            
          the decedent owned an interest at the time of death.  See secs.             
          2031, 2033; sec. 20.2031-1(b), Estate Tax Regs.  However, in the            
          case of certain real property used by the decedent or a member of           
          the decedent's family for farming or in a closely held business,            
          section 2032A allows the decedent's personal representative to              
          elect to value the real property on the basis of its value as a             
          farm or in a closely held business, rather than the fair market             
          value of the property determined on the basis of its "highest and           
          best use".  Sec. 20.2032A-3(a), Estate Tax Regs.; see sec.                  
          2032A(a)(1), (e)(7) and (8); see also Stovall v. Commissioner,              
          101 T.C. 140, 146 (1993); Estate of Thompson v. Commissioner,               
          T.C. Memo. 1998-325.                                                        
               Section 2032A was added to the Code by the Tax Reform Act of           
          1976, Pub. L. 94-455, sec. 2003, 90 Stat. 1520, 1856.  The                  






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