- 45 - the average annual gross cash rental may be determined * * *, or (ii) where the executor elects to have the value of the farm for farming purposes determined under paragraph (8). Petitioner maintains that its special use valuation report provided sufficient information to satisfy section 2032A(e)(7) and the regulations thereunder. In the alternative, petitioner maintains that its method of valuation qualified under section 2032A(e)(8). Respondent disagrees with both assertions. 1. Section 2032A(e)(7) The regulations interpreting section 2032A(e)(7) provide that, in general, the special use value of farm real property is determined by: (1) Subtracting the average annual state and local real estate taxes on actual tracts of comparable real property in the same locality from the average annual gross cash rental for that same comparable property, and (2) Dividing the results so obtained by the average annual effective interest rate charged on new Federal land bank loans. [Sec. 20.2032A- 4(a)(1) and (2), Estate Tax Regs.] The first issue we must decide is whether petitioner complied with paragraph (1), above. It is undisputed that petitioner did not submit information on property taxes on comparable properties. Petitioner asserts that this lack of information should not invalidate its election because the omission has notPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
Last modified: May 25, 2011