- 8 - at the precise moment of death. "Therefore", said the Court, "we are instructed to determine the value at the moment of death of the 600 shares of HFA stock and the 100 shares of Ahmanco stock. In doing so we must take into account any transformations of the property that are logically prior to its distribution to the beneficiaries." Id. (citation omitted). Unlike the situation in Ahmanson, we are not called upon to consider the effect of any plan of postdeath distribution of decedent's corporate stock in the case before us. We are nevertheless required to determine the consequences of the valuation change that occurred at the moment of death. The Court in Ahmanson states that it is "undisputed" that value is to be determined at the moment of death, citing as settled law an analogous holding in United States v. Land, 303 F.2d 170, 171-175 (5th Cir. 1962). In the Land case, the Court of Appeals for the Fifth Circuit held that the fair market value of a partnership interest at the death of a partner was its full value in a situation where the partnership agreement provided that if any member wished to withdraw from the partnership during his lifetime, another partner would have the option of purchasing the withdrawing partner's interest at two-thirds of its calculated value. But, at the death of a partner a surviving partner would be entitled to purchase the decedent's interest at its full value.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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