J.C. Shepherd - Page 51




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          fractional interest discount to reflect the fact that a willing             
          buyer would pay less for the undivided interest in the leased               
          land that petitioner transferred.  These discounts are                      
          attributable to the nature of the property transferred by the               
          donor.  They  are not attributable to restrictions imposed by the           
          terms of the conveyance.  See Citizens Bank & Trust Co.                     
          v. Commissioner, 839 F.2d 1249 (7th Cir. 1988).  In my view,                
          neither of these discounts is inconsistent with section 25.2511-            
          2(a), Gift Tax Regs., and the corresponding case law which                  
          require that the gift be measured by the value of the property              
          passing from the donor, and not by what the  donee receives.                
          See, e.g., Ahmanson Found. v. United States, 674 F.2d 761, 767-             
          769 (9th Cir. 1981).                                                        
               CHABOT, COLVIN, HALPERN, and THORNTON, JJ., agree with this            
          concurring opinion.                                                         























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