- 10 - value the services at less than the employer’s cost. The taxpayer speculated that he personally could have paid less to move himself than his employer had paid, that the services received were therefore worth less to him, and that he should not have to report the services at their recognized value. The court rejected this argument because the taxpayer "had no obligation to accept these [moving] services, * * * [he] did accept them, this being a part of the bargain with * * * [his employer], and * * * the services were in fact rendered and were paid for [by his employer] at the fair market value.” Id. at 545. A superficial reading of Landau v. Commissioner, 7 T.C. 12 (1946), may appear to support petitioner’s position. Therein, however, South African pounds1 received as a gift were subject to preexisting limitations on their removal from South Africa. The taxpayer had no control over these restrictions. The restrictions were not the product of negotiations and bargaining by the parties, and the Court found that the fair market value of the South African pounds received as a gift should be discounted to reflect the preexisting restrictions. The present case is somewhat analogous to cases involving the valuation of stock includable in a gross estate where the stock, on the date of decedent's death, is subject to a restrictive stock purchase agreement at a specified price. Typically, in such cases, the taxpayers argue (in light of the preexisting restrictions that are applicable to the stock) for a South African currency is now measured in rands.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011