Estate of Rebecca A. Wineman - Page 45




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                         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 not             





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