James D. and Beverly H. Turner - Page 37

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          no indication in his report that the 62-lot sketch was based on a           
          rezoning of the buildable area.  Thus, the sketch in the                    
          addendum, by itself, was not sufficient to provide the correct              
          circumstances to Petroff.  More importantly, the report and                 
          addendum did not inform respondent of these matters or intention.           
               Petroff’s appraisal is filled with a sufficient number of              
          instances showing that he relied on the incorrect or false                  
          assumption that the entire 29 plus acres could be developed in              
          the absence of the easement and that the conservation easement              
          had been placed on the unbuildable 15 plus acres of floodplain.             
          Petitioner, who was familiar with and heavily involved in the               
          development of the Grist Mill property, knew that the floodplain            
          could not be developed and that any conservation easement would             
          have to be placed on the buildable land.  A casual review of                
          Petroff’s report would have alerted petitioner to the fact that             
          the valuation was based on erroneous assumptions.  Petitioners              
          cannot therefore rely on this report as reasonable cause for                
          taking the position they did on their income tax return.  See               
          sec. 1.6664-4(c)(2), Income Tax Regs.  In addition, petitioners             
          cannot rely on the expert reports prepared in anticipation of               
          trial to show reasonable cause because these reports are not                











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