Estate of Carolyn J. Rogers - Page 38




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                    Special Rule for Standing Timber.--The bill provides              
               that the executor can elect to treat standing timber as an             
               interest in real property and specially value the timber as            
               part of the qualified real property on which the timber is             
               located, rather than valuing it as other growing crops.                
               Standing timber is to be specially valued by reference to              
               similar timber located on comparable land where both the               
               land and timber are rented for timber growing purposes under           
               a cash or share rental lease.  If no comparable timber and             
               land are so rented in the locality of the decedent's                   
               property, the timber and land are to be specially valued               
               using the multiple factor method. [Id. at 135-136, 1981-2              
               C.B. at 465; fn. refs. omitted.]                                       
          In sum, the timber is already included in the section 2032A(e)(7)           
          rent capitalization value drawn from timber leases that include             
          the right to cut timber.                                                    
               The Senate Finance Committee report recognizes that, in the            
          absence of timber leases, the section 2032A(e)(8) multiple factor           
          method would apply.  Congress adopted the statutory timber                  
          election with the intent that it would apply to the standard                
          timber lease "on comparable land where both the land and timber             
          are rented for timber growing purposes under a cash or share                
          rental lease."  That result is further confirmed by the                     
          distinction drawn by the Senate Finance Committee report that               
          "Leases for purposes other than for growing timber to which the             
          comparable land is subject are to be ignored in determining the             
          value of qualified timber property in its current use."  Id. at             
          135 n.10, 1981-2 C.B. at 465 n.10.  The purpose of a timber lease           
          is to capture the value of the timber.  As demonstrated by the              
          lease language, the 1987-91 rent from which the rent                        






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