Epic Associates 84-III, William C. Griffith, Jr. - Page 23




                                       - 111 -                                        
                  donation purposes.  The estate and gift tax                         
                  regulations are aimed at preventing abusive                         
                  undervaluation of property; the regulations                         
                  governing charitable contributions are not.                         
                  In the usual case, however, there should be no                      
                  distinction between the measure of fair market                      
                  value for estate and gift tax and charitable                        
                  contribution purposes.  Cf. Champion v.                             
                  Commissioner, 303 F.2d 887, 892-93 (5th Cir.                        
                  1962). * * *                                                        

             Thus, the Court of Appeals noted that the estate and gift                
             tax regulations were not a perfect fit in considering the                
             charitable deduction in that case because the taxpayers                  
             had an incentive to inflate the value of the property,                   
             whereas "the estate and gift tax regulations are aimed at                
             preventing abusive undervaluation of property".  Id.  The                
             same is true in the instant cases.  Nevertheless, we also                
             agree with the Court of Appeals that "there should be no                 
             distinction between the measure of fair market value".                   
             Id.; see also United States v. Parker, 376 F.2d 402, 408                 
             (5th Cir. 1967); Skripak v. Commissioner, supra at 322 n.                
             30.  Finally, we agree with the Court of Appeals that                    
             selection of the proper market for valuation purposes is a               
             question of fact.  See Anselmo v. Commissioner, 757 F.2d                 
             at 1213.                                                                 
                  A sale to the public is a sale to the ultimate                      
             consumer of the property, that is, a sale to one of a                    
             group of persons who do not purchase the item for resale.                






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