- 48 - year average.” Thus, the report does not indicate the actual cash rentals of comparable real property for the period 1987-91. Instead, the report provides actual cash rentals of 10 comparable properties for 1995 and an impermissible appraisal asserting that the 1995 rental values were indicative of the 1987-91 rental values. See sec. 2032A-4(b)(2)(iii), Estate Tax Regs. As in Estate of Strickland, petitioner has failed to identify annual gross cash rentals of comparable real property and State and local taxes for such comparable properties for the requisite 5 calendar years preceding decedent’s date of death. Petitioner’s failure to comply with the requirements of section 2032A(e)(7)(A) and the regulations thereunder precludes special use valuation for the properties under that section. See Estate of Strickland v. Commissioner, supra at 33. 2. Section 2032A(e)(8) Petitioner maintains, in the alternative, that it was entitled to value the properties under section 2032A(e)(8), that the information submitted to the Service within the 90-day period was adequate for that purpose, and that, in essence, respondent’s failure to mention section 2032A(e)(8) at any time before trial makes the requirements of that section new matter. Respondent takes exception to all aspects of petitioner’s alternative argument. In essence, respondent contends that petitioner may not switch theories in midstream, and that, even if petitionerPage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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