Estate of Charles K. McClatchy, Deceased, William K. Coblentz and James McClatchy, Personal Representative - Page 9

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               The Fifth Circuit very succinctly stated the basis for its             
          holding in the following language:                                          
                    Brief as is the instant of death, the court must                  
               pinpoint its valuation at this instant--the moment of                  
               truth, when the ownership of the decedent ends and the                 
               ownership of the successors begins.  It is a fallacy,                  
               therefore, to argue value before--or--after death on                   
               the notion that valuation must be determined by the                    
               value either of the interest that ceases or of the                     
               interest that begins.  Instead, the valuation is                       
               determined by the interest that passes, and the value                  
               of the interest before or after death is pertinent only                
               as it serves to indicate the value at death.  In the                   
               usual case death brings no change in the value of                      
               property.  It is only in the few cases where death                     
               alters value, as well as ownership, that it is                         
               necessary to determine whether the value at the time of                
               death reflects the change caused by death, for example,                
               loss of services of a valuable partner to a small                      
               business.  [303 F.2d at 172; emphasis in original.]                    
               We think "the interest that passes" in the case before us is           
          the value of the shares unencumbered by the securities act                  
          restrictions; i.e., $15.56 per share.  As stated earlier, this is           
          the value agreed to by the parties if the securities law                    
          restrictions applicable to decedent are disregarded for Federal             
          estate tax valuation purposes, as we think they must be.  As                
          stated in the Land case, in the few cases where death alters                
          value, it is necessary to determine whether the value at the time           
          of death reflects the change caused by death.  In our case, the             
          change in value was caused by death because at the instant of               
          death, the securities law restrictions no longer applied.  The              
          valuation depressant occasioned by the securities law                       
          restrictions during decedent's lifetime became interesting                  




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