Charles F. and Susan G. Glass - Page 18

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               they evince an intent to accept this Conservation                      
               Easement:  (a) The Nature Conservancy, (b) the Michigan                
               department of Natural Resources, or (c) any other                      
               appropriate organization which qualifies under Section                 
               170(h)(3) of the Code, has conservation purposes, and                  
               is qualified to accept and hold this Conservation                      
               Easement either voluntarily or through an award of such                
               right by a court of competent jurisdiction under the                   
               doctrine of cy pres.                                                   
          Deed 1 does not restrict petitioners’ right to develop any part             
          of the property not covered by conservation easement 1.                     
               Petitioners obtained from Frame an appraisal of conservation           
          easement 1 and attached to their 1992 return a letter from Frame            
          stating that he had appraised conservation easement 1 at a fair             
          market value of $99,000.  Frame stated in the letter that he had            
          estimated that the fair market value of encumbered shoreline 1              
          was $249,000 before conservation easement 1 was imposed, that the           
          fair market value of encumbered shoreline 1 was $99,500 after               
          conservation easement 1 was imposed, and that conservation                  
          easement 1 enhanced by $50,500 the fair market value of the                 
          portion of the property not covered by conservation easement 1.             
          Frame concluded in the letter that these numbers resulted in the            
          claimed $99,000 fair market value for conservation easement 1               
          ($249,000 - ($99,500 + $50,500) = $99,000).                                 
               Petitioners claimed on their 1992 return that they had made            
          total charitable contributions of $108,957, consisting of a                 
          $99,000 noncash contribution of conservation easement 1 and cash            
          contributions of $9,957.  Petitioners deducted on their 1992                






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