Whitehouse Hotel Limited Partnership, et al. v. Comr., 615 F.3d 321 (5th Cir. 2010)

(Tax Court's valuation of plaintiff's charitable contribution for donation of historic preservation facade easement and imposition of accuracy-related penalty vacated; no dispute that contribution qualified for a charitable deduction, but controversy surrounded the valuation of the donated easement; Tax Court erred in relying solely on comparable-sales method of IRS expert to value the easement; Tax Court to consider that method along with methods used by plaintiff's expert; Tax Court failed to rule on the highest and best use of the property in determining property's fair market value - here whether the highest and best use is as a luxury hotel or a non-luxury hotel; Tax Court should have determined whether easement had any effect on contiguous building that plaintiff also owned since plaintiff had plans to combine the buildings into single property; penalty to be reconsidered in light of revaluation on remand).