- 13 - be given their full value for estate tax purposes. In reaching this conclusion the court observed that Since death is the propelling force for the imposition of the tax, it is death which determines the interests to be includible in the gross estate. Interests which terminate on or before death are not a proper subject of the tax. Assets may be acquired or disposed of before death, possibilities of the loss of an asset may become actualities or may disappear. Upon the same principle underlying the inclusion of interests in a decedent's gross estate, valuation of an interest is neither logically made nor feasibly administered until death has occurred. The taxpayer's theory of valuing property before death disregards the fact that generally the estate tax is neither concerned with changes in property interests nor values prior to death. The tax is measured by the value of assets transferred by reason of death, the critical value being that which is determined as of the time of death. [243 F.2d at 268-269; emphasis supplied.] In a footnote to Goodman v. Granger, the court also observed that the result reached in Estate of Harper v. Commissioner, 11 T.C. 717 (1948), is consistent with "our approach in the instant case, although the language used by the Tax Court was perhaps something less than fortunate." [243 F.2d at 269, fn. 7.] When the foregoing reasoning is applied to this case, it is apparent that the stock at issue must be valued without the S.E.C. Rule 144 restrictions. The decedent was considered an Affiliate for securities law purposes at the time of his death and therefore pursuant to S.E.C. Rule 144, he was subject to stringent volume limitations, disclosure, and other requirements if he were to dispose of the shares. This stock was transferred at the moment of death and passed to the decedent's estate. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011