Estate of Rebecca A. Wineman - Page 44




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          therefore, we deny respondent’s motion and admit the subject                
          reports.                                                                    
               C.   Requirements for Special Use Valuation                            
               Only one of the requirements for a valid section 2032A                 
          election is at issue here; i.e., the requirement that a notice of           
          election contain the method of valuation based on use.  See sec.            
          20.2032A-8(a)(3)(viii), Estate Tax Regs.  Section 2032A(e)(7)               
          provides the general formula and method to be used in valuing               
          farm property:                                                              
                    (7) Method of valuing farms.--                                    
                         (A) * * * the value of a farm for farming                    
                    purposes shall be determined by dividing–-                        
                              (i) the excess of the average                           
                         annual gross cash rental for comparable                      
                         land used for farming purposes and                           
                         located in the locality of such farm                         
                         over the average annual State and local                      
                         real estate taxes for such comparable                        
                         land, by                                                     
                              (ii) the average annual effective                       
                         interest rate for all new Federal Land                       
                         Bank loans.                                                  
               For purposes of the preceding sentence, each average                   
               annual computation shall be made on the basis of the 5                 
               most recent calendar years ending before the date of                   
               the decedent’s death.                                                  
                           *    *    *    *    *    *    *                            
                         (C) Exception.-–The formula provided by                      
                    subparagraph (A) shall not be used-–                              
                              (i) where it is established that                        
                         there is no comparable land from which                       





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