- 26 - In November, 1994 an Amendment to the Conservation Easement was recorded. This amendment further restricted the property by allowing only one additional residence rather than two. This restriction to one additional residence is not considered a significant restriction based on a review of the easements used in this report and the market for properties in the area. We disagree. It seems self-evident that such a restriction on such a large property is significant. Hoeger did not include any further analysis of the 1994 amendment in his report. Accordingly, we adopt Wheeler's analysis of the 1994 amendment and hold that the fair market value of the amendment to the MLR easement was $290,000. Issue 3. Whether Petitioner Is Liable for an Accuracy-Related Penalty Under Section 6662(h) in 1993 or 1994 In the notice of deficiency, respondent determined that petitioner was liable for accuracy-related penalties under section 6662(h) for 1993 and 1994. Section 6662(h) applies to a gross valuation misstatement where the value of property claimed on a tax return is 400 percent or more of the value determined to be correct. See sec. 6662(h)(2)(A), (e)(1). However, the penalty is imposed only when the portion of the underpayment for the taxable year attributable to the valuation misstatement exceeds $5,000. See sec. 6662(e)(2). In this case, the value of the MLR easement claimed on petitioner's 1993 tax return, $1,080,000, is not 400 percent, nor even 200 percent, or more of the value determined to be correct, $800,000. In addition, we have accepted the value of the 1994Page: 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