Katherine Strasburg - Page 25




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          petitioner's charitable contribution deduction is limited by her            
          adjusted basis in the MLR easement.                                         
               The computation of petitioner's basis in the MLR easement is           
          equal to that portion of the adjusted basis of the entire                   
          property that bears the same ratio to the adjusted basis of the             
          entire property as the fair market value of the donated property            
          bears to the fair market value of the entire property.  See sec.            
          170(e)(2); sec. 1.170A-4(c)(1)(i), Income Tax Regs.  Therefore,             
          under section 170(e) and the regulations thereunder, petitioner's           
          allowable charitable contribution deduction for 1993 is $800,000            
          (i.e., $2.5 million (petitioner's 1993 adjusted basis in her                
          property) x 32 percent)).  See Griffin v. Commissioner, T.C.                
          Memo. 1989-130, affd. 911 F.2d 1124 (5th Cir. 1990).                        
          Issue 2.  Whether $290,000 Was the Fair Market Value of the 1994            
          Amendment to the MLR Easement.                                              
               In November 1994, an amendment to the MLR easement was                 
          recorded.  The amendment further restricted the property by                 
          allowing only one additional residence rather than two as                   
          contemplated in the MLR easement.  Wheeler assigned a value of              
          $290,000 to the amendment.  Hoeger concluded the amendment had a            
          value of zero.                                                              
               Wheeler based his conclusion on an analysis of the value of            
          several comparable properties.  Hoeger's analysis of the 1994               
          amendment included one paragraph in his report that stated the              
          following:                                                                  





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