Estate of Charles K. McClatchy, Deceased, William K. Coblentz and James McClatchy, Personal Representative - Page 7

                                        - 7 -                                         

          assets prior to Ahmanson's death.  There were 99 nonvoting shares           
          and one voting share of Ahmanco common stock outstanding.                   
               At the moment of decedent's death, Ahmanco, the erstwhile              
          shell, became unconditionally entitled to the 600 shares of                 
          voting HFA stock under the terms of certain declarations of                 
          trust.  Under the same declarations of trust, Ahmanson                      
          Foundation, a charitable trust received the 99 nonvoting shares             
          of Ahmanco.  The one voting share of Ahmanco remained in the                
          Ahmanson family.                                                            
               On the foregoing facts, Ahmanson Foundation argued that the            
          value of the HFA stock should be disregarded, and that the                  
          Ahmanco stock should be valued in separate units, with most of              
          the value being allocated to the block of nonvoting stock going             
          to charity, and a relatively nominal value being allocated to one           
          share of voting stock going to the family.                                  
               The Ninth Circuit held that even though Ahmanco had no                 
          assets, and therefore no value at the moment before decedent's              
          death, "we must valuate the HFA and Ahmanco stock as of the                 
          moment of [the decedent's] death, bearing in mind that the HFA              
          shares, in their entirety, have become an asset of Ahmanco.  In             
          effect, this is to valuate the Ahmanco stock."  674 F.2d at 767.            
          Thus, the Court valued the Ahmanco stock, not before decedent's             
          death, when the stock had no value, nor after decedent's death,             
          when the ownership became fragmented under the estate plan, but             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011