- 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.Page: Previous 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Next
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