- 38 - 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 rentPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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