Estate of Thomas A. Fleming, Deceased, Cathy J. Hirt, Independent Successor Executrix - Page 16

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          having reasonable knowledge of relevant facts."  Sec. 20.2031-              
          1(b), Estate Tax Regs.  In the case of unlisted stock, the price            
          at which sales of stock are made in arm's-length transactions in            
          an open market is the best evidence of its value.  Champion v.              
          Commissioner, 303 F.2d 887, 893 (5th Cir. 1962), revg. T.C. Memo.           
          1960-51; Estate of Andrews v. Commissioner, supra at 940.  In the           
          instant case, the record does not disclose any such sales of the            
          stock interest in question.  The record does disclose, however,             
          information with respect to the precedent transactions that                 
          involved corporations in which decedent had an interest and                 
          which, like B&W Longview, had portfolios of trade notes receiv-             
          able.                                                                       
               Where the value of unlisted stock cannot be determined from            
          actual sale prices, section 2031(b) provides that value is to be            
          determined by taking into consideration the value of stock of               
          corporations listed on an exchange that are engaged in the same             
          or similar business, as well as all other factors bearing on                
          value.  The factors we must consider are those that an informed             
          buyer and seller would take into account.  Hamm v. Commissioner,            
          supra at 938.  Section 20.2031-2(f), Estate Tax Regs., lists some           
          of those factors, including the company's net worth, prospective            
          earning power, dividend-earning capacity, goodwill, the economic            
          outlook for its industry, its position in the industry, its                 
          management, the degree of control represented by the block of               





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