- 25 - 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:Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011