Estate of Antoinette Hartsell, Deceased, Donald C. Renbarger, Personal Representative - Page 13

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               We find that the estate did not adequately determine                   
          reasonable prices at which the five advertised properties could             
          sell.  Asked how prices were calculated, Mr. Renbarger stated               
          simply that he put a figure on them and waited for an offer to              
          come along.  One witness for the estate testified that little               
          research was conducted to ascertain proper sales prices and that            
          Mr. Renbarger would merely declare a price and place a “for sale”           
          sign on the property.  These arbitrary price determinations are             
          exemplified by one property’s being priced at three times the               
          value at which it was reported on the estate’s Federal estate tax           
          return.7                                                                    
               While the Court does not begrudge Mr. Renbarger’s attempt to           
          profit from sales of estate property, he cannot do so and                   
          simultaneously urge the Court to find that the estate faced an              
          undue hardship because it could sell only at sacrifice prices.              
          See sec. 20.6161-1(a)(2)(ii), Example (2), Estate Tax Regs.  No             
          undue hardship exists where a taxpayer can sell at current market           
          values.  See sec. 1.6161-1(b), Income Tax Regs. (if a market                
          exists, the sale of property at the current market price is not             
          ordinarily considered an undue hardship).  Mr. Renbarger has                
          failed to demonstrate that he ever offered the five properties at           



               7The reported value of the Garden Ridge Property in the                
          estate’s Federal estate tax return was $1,294,700.  The asking              
          price was approximately $3,833,000.                                         




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