Roger and Sharon Wortmann, et al. - Page 2

                                         -2-                                          
               Petitioners       1999 Deficiency       2000 Deficiency                
               Wortmann            $12,864             $12,536                        
               Cain                13,712              10,193                         
               Archbold            18,655              11,347                         
               Hesse               15,530              14,431                         
          We are asked to decide the fair market value of land near                   
          Oakdale, Nebraska, improved with a chapel, monastery, and                   
          dormitory (the retreat center) for purposes of determining the              
          amount of the allowable charitable contribution deduction under             
          section 170.2  Petitioners determined that the retreat center had           
          a value of $475,0003 at the time of contribution, and deducted              
          charitable contributions accordingly.  Respondent determined that           
          the retreat center had a value of $76,200 at the time of                    
          contribution.  We hold that the fair market value of the retreat            
          center at the time of contribution was $76,200.                             




               2All section references are to the Internal Revenue Code in            
          effect for the years at issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  
               3Of the $551,272 total charitable contribution deductions              
          petitioners claimed on their respective tax returns, respondent             
          does not dispute $76,082, representing the value of the personal            
          property within the buildings of the retreat center.  The parties           
          stipulated that $475,000 was at issue, which is also the value of           
          the retreat center property determined by petitioner’s expert.              
          We assume this to be an approximation of the $475,190 result of             
          subtracting the agreed valuation of the personal property from              
          the total charitable contribution deductions.  Petitioners’                 
          deductions of $76,082 attributable to the personal property                 
          within the buildings are therefore not at issue.  We focus solely           
          on the real estate value of the retreat center.                             




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