Estate of Joseph R. Cloutier, Joseph A. Cloutier, Fiduciary - Page 5

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                                     Discussion                                       
               We must determine whether a marketability discount applies             
          to the stipulated value of the Decedent’s CGT shares, and, if so,           
          the amount of this discount.  Respondent determined no                      
          marketability discount for the shares and adheres to that                   
          position.  The Fidiciary included no marketability discount in              
          the value of the CGT shares reported on the Form 706, but he now            
          argues for a 25-percent discount.  The Fidiciary must prove the             
          applicability and amount of a marketability discount.  Rule                 
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Estate of             
          Gilford v. Commissioner, 88 T.C. 38, 50-51 (1987); see also                 
          Mandelbaum v. Commissioner, T.C. Memo. 1995-255.                            
               Property includable in a decedent's gross estate is included           
          at its fair market value on either:  (1) The date of the                    
          decedent's death or (2) the alternate valuation date as provided            
          under section 2032.  Secs. 2031(a) and 2032(a); sec.                        
          20.2031-1(b), Estate Tax Regs.  Fair market value is a question             
          of fact.  Commissioner v. Scottish Am. Inv. Co., 323 U.S. 119,              
          123-125 (1944); Helvering v. National Grocery Co., 304 U.S. 282,            
          294 (1938).  Fair market value represents the price that a                  
          willing buyer would pay a willing seller, both persons having               
          reasonable knowledge of all relevant facts and neither person               
          under a compulsion to buy or to sell.  Sec. 20.2031-1(b),                   








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