- 14 - estate was not an Affiliate and pursuant to S.E.C. Rule 144 could freely sell the shares without regard to such restrictions. The Court of Appeals in United States v. Land, 303 F.2d at 172, emphasized the fact that the Federal estate tax is imposed on the transfer of property, and reasoned that from this it follows that the valuation of the estate should be made at the time of transfer; i.e., the "instant of death". Since in the instant case the securities law restrictions evaporated at the moment of death, we hold that the shares must be valued free of the restriction, at $15.56 per share. As we have previously noted, petitioner makes two additional arguments. Petitioner emphasizes that the securities law restrictions were not, through some contrivance, self-imposed by decedent. Consequently, petitioner says, no potential abuse is involved, and the estate should therefore receive the tax benefit of the limitation on value during decedent's lifetime. We would simply respond by agreeing that in some instances it becomes necessary to look through form to substance where a decedent was in a position during his/her lifetime to manipulate the future value of an asset at death. We believe, however, that in the absence of atypical circumstances, not present here, the "instant of death" rule enunciated in United States v. Land, supra, and as we have applied it, is an objective test where the question of intent--inherent in contrived value situations--is not relevant.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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