Estate of Mary B. Bull - Page 11




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          1(b), Estate Tax Regs.); Estate of Hall v. Commissioner, 92 T.C.            
          312, 335 (1989).  Fair market value is tested on an objective               
          basis using a hypothetical buyer and seller and not on the basis            
          of particular entities or individuals involved.  See Estate of              
          Andrews v. Commissioner, 79 T.C. 938, 956 (1982); Estate of                 
          Bright v. United States, 658 F.2d 999, 1005-1006 (5th Cir. 1981).           
               The circumstances here are unconventional in several                   
          respects.  Firstly, the asset in question was incomplete and                
          under construction at the time of death.  More significantly, the           
          residence was to be restored to its prefire specifications.  As             
          we understand that concept, the cost of restoring the destroyed             
          residence to its original vintage condition was substantially               
          greater than the per-square-foot cost of constructing a                     
          contemporary home.  In other words, there was no compulsion for             
          the construction costs to be within boundaries that comport with            
          resale value.  That anomaly resulted in circumstances where more            
          was being expended for construction and restoration than could              
          possibly be realized if the structure were sold upon completion.            
          The facts here reflect that the fair market value of the finished           
          residence was substantially less than the cost of restoration.              
               Finally, although the insurance company’s obligation was               
          contractually and legally limited to the payment of up to one-              
          half of the stated policy limit if the residence was rebuilt, the           
          insurance company unilaterally agreed to bear the cost of                   






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