- 26 - stock of SOAI to be the interest to be valued. Neither party questions the fact that a 52-percent interest, which the 424 shares represented, is a controlling interest under Ohio law. Both parties recognize that where a gift of property is made, the gift tax is based on the fair market value of the property given, which is the price at which the property would change hands between a willing buyer and a willing seller, both having reasonable knowledge of relevant facts. United States v. Cartwright, 411 U.S. 546, 551 (1973). Where, as here, the property given is stock in a closely held corporation which is not listed on any exchange and of which there have been no sales, it is difficult to determine fair market value. Very often fair market value can be determined by reference to sales of stock of publicly held comparable corporations. However, no witness in this case, including each of petitioner's expert witnesses and each of respondent's expert witnesses, knew of any sale of stock of any outdoor advertising company. The experts offered by each party stated that generally where there was a sale of an outdoor advertising company, the sale would be of the assets, since the value of the company was primarily in its leases and billboards on those leases. The experts offered by each of the parties stated that there might have been some sale of stock of an outdoor advertising company, but they knew of none. However, they were aware of a number of sales of the assets of outdoor advertisingPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011