Katherine Strasburg - Page 8




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                                       OPINION                                        
          Issue 1.  Whether $1,080,000 Was the Fair Market Value of the               
          Easement in 1993                                                            
               The principal issue for decision is the value of the MLR               
          easement.  The easement satisfies the requirements of a                     
          "qualified conservation contribution" provided by section 170(h).           
          On her 1993 tax return, petitioner claimed the fair market value            
          of the MLR easement was $1,080,000.                                         
               A.  Relevant Legal Considerations                                      
               Section 1.170A-1(c)(1), Income Tax Regs., provides, in                 
          relevant part, that "If a charitable contribution is made in                
          property other than money, the amount of the contribution is the            
          fair market value of the property at the time of the                        
          contribution".  Fair market value "is the price at which the                
          property would change hands between a willing buyer and a willing           
          seller, neither being under any compulsion to buy or sell and               
          both having reasonable knowledge of relevant facts."  Sec.                  
          1.170A-1(c)(2), Income Tax Regs.  The question of value is a                
          question of fact, necessarily arrived at after considering all              
          the relevant factors.  See Hamm v. Commissioner, 325 F.2d 934,              
          938 (8th Cir. 1963), affg. T.C. Memo. 1961-347.                             




               7(...continued)                                                        
          density of one dwelling per 5 acres.  However, open and resource            
          land has a maximum density of one dwelling per 40 acres.                    





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