Estate of Artemus D. Davis, Deceased, Robert D. Davis, Personal Representative - Page 7

                                        - 7 -                                         
          capital gains) if on that date each such asset had been sold or             
          otherwise disposed of or ADDI&C had liquidated.                             
               During 1990, ADDI&C paid $252,602 to an affiliated company as          
          reimbursement for the use of an airplane by one of its                      
          shareholders.  For Federal income tax purposes, ADDI&C reported             
          that payment as a shareholder dividend.  With the exception of              
          that dividend, ADDI&C has not declared or paid any dividends to             
          its shareholders.                                                           
               On the valuation date, ADDI&C had not adopted a formal plan            
          of liquidation, nor was there any intention by that corporation or          
          decedent to liquidate ADDI&C or to dispose of its Winn-Dixie                
          stock.                                                                      
               On October 31, 1992, ADDI&C's net operating loss carry-                
          forwards totaled $1,580,217.                                                
               On or about April 15, 1993, decedent timely filed for 1992             
          Form 709, United States Gift (and Generation-Skipping Transfer)             
          Tax Return (gift tax return).  In that return, decedent reported            
          that the value on the valuation date of each of the two 25-share            
          blocks of ADDI&C stock that he transferred to his sons was                  
          $7,444,250, or $297,770 a share.  The value reported by decedent            
          in the gift tax return was based on an appraisal by Alex W. Howard          
          (Mr. Howard) of Howard Frazier Barker Elliott, Inc. (Mr. Howard's           
          appraisal).                                                                 
               Respondent determined in the notice of deficiency (notice)             
          that on the valuation date the fair market value of each of the             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011