Estate of Charles K. McClatchy, Deceased, William K. Coblentz and James McClatchy, Personal Representative - Page 6

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          valuation of decedent's Class B stock for Federal estate tax                
          purposes must take into account any changes brought about by                
          decedent's death.                                                           
               Respondent also argues that the unified gift and estate                
          transfer tax system does not require that the pre-death                     
          securities law restrictions be taken into account because the               
          legislative history does not support petitioner's position, that            
          the willing-buyer willing-seller standard provides an objective             
          test for determining value, and that the same standard is used to           
          determine the amount of a gift and the amount of property                   
          includable in the gross estate.                                             
               We believe the correct result in this case is pointed to by            
          the decision of the Court of Appeals for the Ninth Circuit (the             
          Court to which an appeal in this case would normally be directed)           
          in Ahmanson Foundation v. United States, 674 F.2d 761 (9th Cir.             
          1981).  For our present purposes, the essential facts in that               
          case were as follows:  Ahmanson, at his death, owned 15 percent             
          of a savings and loan association of which 81 percent was owned             
          by HFA, a holding company.  Decedent controlled, through a                  
          revocable trust, 600 out of 1,000 shares of voting common stock             
          of HFA, and an income interest in 11,000 out of 106,711 shares of           
          nonvoting common stock of HFA.  Also held in the revocable trust            
          were all of the shares of Ahmanco Inc., a corporate shell with no           







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