Estate of Carolyn J. Rogers - Page 33




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          death.  All five leases for the five leased tracts contain rent             
          escalation clauses; as escalated, the leases constituted the                
          prevailing rents during the statutory period on that type of                
          land.  Both the actual rents and State and local property taxes             
          were explained and are fully substantiated with original source             
          data.  There is no adjustment to rents because petitioner used              
          only actual current rents during the statutory period.                      
               Respondent also asserts that the five estate tracts and the            
          five leased tracts are not comparable in any manner in regard to            
          the rental values.  Respondent contends that the regulations                
          require that "generally accepted real property valuation rules"             
          be applied to determine comparability of the property.  Sec.                
          20.2032A-4(d), Estate Tax Regs.  Respondent asserts that the                
          maximum period allowed under real estate valuation rules is 5               
          years prior to the valuation date.  On brief, respondent states             
          this argument as follows:                                                   
               Leases that establish the applicable rents are leases that             
               would have been negotiated and entered into during the                 
               five-year period.  Leases that were negotiated more than               
               five years prior to the date of death do not accurately                
               reflect the economic conditions at the date of death and               
               the current rental values of comparable lands.                         
               Comparability must be based on numerous factors, no one of             
          which is determinative.  See sec. 20.2032A-4(d), Estate Tax Regs.           
          All factors generally considered in real estate valuation are to            
          be considered in determining comparability under section 2032A.             







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