- 23 - Cidulka, 10 shares to Charlesa Cidulka, who immediately transferred them to her husband John, and 10 shares each to John Joseph and Lauren, should be viewed as a separate transaction from the redemption by the corporation of the remaining 384 shares held by the trust for decedent. Petitioner contends that the gifts were a separate transaction from the redemption so that the shares involved in each transaction should be valued as involving a minority interest. Respondent contends that the January 25, 1982, gifts and redemption were in fact one transaction, so that the value of the stock transferred on January 25, 1982, should be valued as a majority interest in SOAI. Respondent also contends that the gifts of stock made in 1980 and 1981 to John Cidulka and his two children were part of an overall continuing plan and, therefore, should also be valued as part of a majority interest in SOAI. This record is clear that decedent discussed with his accountant and two lawyers a plan to dispose of his interest in SOAI to his son John Cidulka by gift in a manner which would avoid all gift taxes and estate taxes. The underlying plan was that minority interests would be valued at book value and, therefore, each gift made to each individual would be an amount that would be less than $10,000, in 1982 and less than $3,000 in prior years when that was the exclusion for gift taxes. It was the plan then that the redemption price would be the book value of the shares remaining in the trust for decedent since that would constitute less than aPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011