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Old November 28th 05, 03:08 PM posted to rec.aviation.owning
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Default AOPA Plane Giveaway and Taxes

IRS pub 561 puts the responsibility for the appraisal on you and the IRS
is not obligated to accept the appraisal without question. Despite the
magic of the 1998 act, the taxpayer still retains much of the burden of
burden of proof with regard to fair market value.

"TaxSrv" wrote in message
...
"Ron Natalie"wrote:
I agree with Fred here. In the case of something like
a "New Car" the IRS will consider the value to be the
MSRP. However since this isn't the case, some
acceptable appraisal technique (blue book, etc...) will
apply.


The IRS has no basis in case law to enforce MSRP on a car, and
since IRS examination employees buy new cars, they are well aware
what negotiated prices are. The difficulty with arguing FMV on an
airplane is that they may not accept just one appraisal submitted
by the taxpayer. However, since 1998, IRS will have the burden of
proof on this one, so that settlement in an appeals conference
shouldn't be too difficult.

Fred F.