Estate of Helen A. Deputy, Deceased, William J. Deputy, Co-Executor - Page 11

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          whether the estate met the “credible evidence” requirement                  
          because, as a finder of facts, we consider essentially agreed               
          underlying facts and look to the experts’ reports for guidance in           
          order to resolve the valuation issue.                                       
          B.  The Value of Godfrey on September 15, 1997                              
               The parties have narrowed the focus of their controversy to            
          the question of the value of a 19.99-percent interest in Godfrey,           
          a closely held Deputy family corporation.  For purposes of the              
          gift and estate tax provisions, the value of property transferred           
          on a particular date provides the base upon which the tax rate is           
          applied, after appropriate adjustments.  See secs. 2001,                    
          2501(a)(1).  For purposes of the gift and estate tax property               
          value is determined by considering the price at which the                   
          property would change hands between a willing buyer and a willing           
          seller, neither being under any compulsion to buy or to sell, and           
          both having reasonable knowledge of relevant facts.  Sec.                   
          20.2031-1(b) Estate Tax Regs.; sec. 25.2512-1, Gift Tax Regs.               
          The determination of the fair market value of property is a                 
          factual determination, and the trier of fact must weigh all                 
          relevant evidence of value and draw appropriate inferences.                 
          Commissioner v. Scottish Am. Inv. Co., 323 U.S. 119, 123-125                
          (1944); Helvering v. Natl. Grocery Co., 304 U.S. 282, 294 (1938);           
          Symington v. Commissioner, 87 T.C. 892, 896 (1986).                         







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