Bruce K. and Marina V. Ney - Page 7

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               the majority of my appraisals during my tax year for                   
               other persons.                                                         
               Also, I declare that I hold myself out to the public as                
               an appraiser or perform appraisals on a regular basis;                 
               and that because of my qualifications as described in                  
               the appraisal, I am qualified to make appraisals of the                
               type of property being valued. * * * Furthermore, I                    
               understand that a false or fraudulent overstatement of                 
               the property value as described in the qualified                       
               appraisal or this * * * [Form 8283] may subject me to                  
               the penalty under section 6701(a) (aiding and abetting                 
               the understatement of tax liability). * * *                            
          The Form 8283 attached to petitioners’ tax return was not signed            
          by an appraiser.                                                            
               Respondent examined petitioners’ 2001 tax return and sent              
          petitioners an Information Document Request (IDR) in May 2004.              
          The IDR requests a Form 8283 signed by the appraiser and the                
          donee, as well as complete real estate appraisals for Procko Farm           
          and Webber Farm.  The IDR advises petitioners to “be sure that              
          the appraisal reports that you submit are ‘qualified appraisals’            
          as defined in Treasury Regulation, Section 1.170A-13(c)(3).”                
               In July 2004, petitioners provided respondent with a                   
          separate Form 8283 for each of the properties.  The Forms 8283              
          were signed by a representative of DALPF but were not signed by             
          an appraiser.  A letter from William Denman, an attorney for                
          DALPF, explains that the appraisers from RPC were not willing to            
          sign the Forms 8283.                                                        
               Respondent issued petitioners a notice of deficiency in June           
          2005.  Respondent disallowed in full the claimed deduction and              






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