Estate of Rebecca A. Wineman - Page 55




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                         (D) Comparable sales of other farm or closely                
                    held business land in the same geographical area                  
                    far enough removed from a metropolitan or resort                  
                    area so that nonagricultural use is not a                         
                    significant factor in the sales price, and                        
                         (E) Any other factor which fairly values                     
                    the farm or closely held business value of                        
                    the property.                                                     
          The statute clearly provides that all factors shall apply,                  
          joining them with the conjunction “and”.  See Estate of Hughan v.           
          Commissioner, T.C. Memo. 1991-275.  However, the factors used in            
          any given circumstance are limited to those which are relevant.             
          See id.  Section 2032A(e)(8) prescribes a subjective method of              
          valuation, in contrast to the objective method of section                   
          2032A(e)(7).  See Estate of Klosterman v. Commissioner, 99 T.C.             
          313, 317 n.4 (1992), affd. 32 F.3d 402 (9th Cir. 1994).  The                
          legislative history confirms that all relevant facts are taken              
          into account when the multiple factor method of valuation is                
          elected.  See S. Rept. 94-938 (Part 2), at 15 (1976), 1976-3 C.B.           
          (Vol. 3) 643, 657; see also Estate of Hughan v. Commissioner,               
          supra.                                                                      
               In Estate of Hughan, the estate's section 2032A election was           
          disallowed on audit for failure properly to document comparable             
          property under the rules of section 2032A(e)(7).  In accordance             
          with section 20.2032A-4(b)(2)(i), Estate Tax Regs., the Service's           
          examiner increased the value of the farmland pursuant to an                 
          appraisal under the multiple factor method of section                       





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