Katherine Strasburg - Page 26




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               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 1994              





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