Estate of Joseph Cidulka, Deceased, James S. Bozik, Administrator - Page 23

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          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 a           




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