- 23 - This average rent amount is then divided by a capitalization factor based on the average annual effective interest rate for all new Federal Land Bank loans. The average annual computation is performed on the basis of the 5 most recent calendar years ending before the date of the decedent's death. See sec. 2032A(e)(7)(A); sec. 20.2032A-4(a), Estate Tax Regs. The annual gross cash rental is the amount of cash rental of actual tracts of comparable farmland in the same locality, not reduced by any expenses or liabilities associated with the farm. See sec. 20.2032A-4(b)(1), Estate Tax Regs. The executor is required to identify actual comparable property and the cash rentals from the comparable property for all of a decedent's property that is specially valued. See Estate of Strickland v. Commissioner, 92 T.C. 16, 24 (1989). The regulations require that the executor be able to substantiate the valuation with supporting documentation, including identification of comparable property and cash rentals from that property. See sec. 20.2032A- 4(b)(2)(i), Estate Tax Regs. Section 2032A(e)(7) provides that the value of a farm for farming purposes shall be determined by the formula method of valuation unless: (1) It is established that there is no comparable land from which the average annual gross cash rental or average net share rental can be determined; or (2) the executor elects to have the value of the farm determined underPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011