Bruce K. and Marina V. Ney - Page 14

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          contribution; they do not state that they were prepared for                 
          income tax purposes; and they do not appraise Procko Farm and               
          Webber Farm on the date of contribution.  See sec. 1.170A-                  
          13(c)(3)(i)(A), (G), (I), Income Tax Regs.  In addition,                    
          petitioners concede that RPC was not a qualified appraiser                  
          because RPC was employed by DALPF.  See sec. 1.170A-13(c)(5)(iv),           
          Income Tax Regs.                                                            
               With respect to the 2005 appraisals by DCS, the appraisal              
          documents state that they were prepared “for tax purposes” and              
          that they are valuing the properties as of the date of                      
          contribution.  However, the appraisals were made more than 3                
          years after the due date of petitioners’ tax return and therefore           
          were not timely.  See sec. 1.170A-13(c)(3)(i)(A), Income Tax                
          Regs.                                                                       
               In addition to these defects, the Form 8283 attached to                
          petitioners’ tax return was not signed by an appraiser or by the            
          donee; it does not list the date of acquisition for either                  
          property; and it does not state whether either contribution was             
          made by means of a bargain sale or indicate that petitioners                
          received payments from DALPF.6  See sec. 1.170A-13(c)(4)(i) and             
          (ii), Income Tax Regs.                                                      


               6 In their motion for partial summary judgment, petitioners            
          assert that the sale of development rights to DALPF was a bargain           
          sale.  Petitioners have not explained why they failed to describe           
          it as such on the Form 8283, Noncash Charitable Contributions.              





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