Walter L. Medlin - Page 130

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          1985 and that several factors show that parcel 1 was the most               
          valuable of the three parcels when they were purchased.                     
               Generally, “We do not consider that the amount for which the           
          property was assessed for purposes of local taxation is                     
          necessarily a reliable criterion to be used in estimating its               
          fair market value.”34  Frazee v. Commissioner, 98 T.C. 554, 563             
          (1992).  However, in appropriate circumstances tax-assessed                 
          values can be useful as a guideline or as corroboration of other            
          evidence of fair market value.  Kellahan v. Commissioner, T.C.              
          Memo. 1999-210.  And, in the case that we are concerned with the            
          relative values of several parts of a larger piece of property,             
          local tax assessments may be relied upon to provide the correct             
          value of a particular parcel of real estate.  2554-58 Creston               
          Corp. v. Commissioner, 40 T.C. 932, 940 n.5 (1963).35  We are not           
          willing to conclude as a matter of law that because respondent’s            
          determination is based on local tax assessments, it is arbitrary.           
          And, indeed, respondent’s determination appears reasonable and              
          consistent with the relative sizes of the three parcels.  See               

               34This is especially true when there is nothing in the                 
          record indicating that the tax-assessed value was intended to               
          represent fair market value.  Kellahan v. Commissioner, T.C.                
          Memo. 1999-210; Estate of Dowlin v. Commissioner, T.C. Memo.                
          1994-183; see also sec. 20.2031-1(b), Estate Tax Regs.                      
               35In 2554-58 Creston Corp. v. Commissioner, 40 T.C. 932, 940           
          n.5 (1963), we stated:  “Although valuations for real estate                
          taxes may often be too low to be relied upon as furnishing the              
          correct value of a particular parcel of real estate as a whole,             
          we have no reason to reject the use of such valuations in                   
          determining the relative value of land and buildings.”                      




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