Estate of Carolyn J. Rogers - Page 36




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          Commissioner, T.C. Memo. 1998-325, the parties have stipulated              
          the precise, actual annual gross rents for the statutory period.            
               Consequently, with their escalation clauses, the stipulated            
          rents constitute the prevailing rents actually paid on comparable           
          land in western Alabama under the typical/standard lease in                 
          effect during the statutory period.  Once the unleased and the              
          leased land are determined to be comparable (as we have found),             
          section 2032A(e)(7) permits petitioner to use for valuation                 
          purposes the average annual gross cash rents for the 5 calendar             
          years preceding decedent's death.                                           
          III. Standing Timber                                                        
               Petitioner asserts that the rent capitalization method of              
          valuing farms incorporates the timber on the five estate tracts             
          because (i) the right to cut timber is embedded in the standard             
          timber leases from which that value is drawn, and (ii) the estate           
          made a proper "qualified woodland" election pursuant to section             
          2032A(e)(13).  Respondent contends that the rent capitalization             
          value includes only the value of the bare land and does not                 
          include the timber growing on decedent’s lands.                             
               Congress adopted section 2032A(e)(13) as part of the                   
          Economic Recovery Tax Act of 1981, Pub. L. 97-34, sec. 421(h), 95           
          Stat. 172, 311-312, which provides:                                         
               (13) Special rules for woodlands.--                                    








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