The rule has been well settled since publication of the "qualified use" regulations in 1980 that land must meet a pre-death qualified use test to be eligible for special use valuation. A similar requirement was imposed in the recapture period after death to avoid recapture of the special use valuation benefits. A recent case has addressed an important issue in application of the post-death test; the case could also be important in pre-death eligibility as well.



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