- 5 - petitioners’ tax counsel in early 1992 and concluded that the discounted per-share value of the 1988 stock transfer was $167.98.2 After receiving Chaffe’s report, and based upon his finding of a lower discounted per-share value, petitioners’ tax counsel prepared, and petitioners filed, amended Federal gift tax returns for 1988. Mr. Rabenhorst’s amended return requests a refund of $1,465.11, while Mrs. Rabenhorst’s amended return requests a refund of $971.62. Respondent determined that the discounted per-share value of the 1988 stock transfer was $445. Accordingly, respondent further determined a gift tax deficiency against each petitioner in the amount of $33,833 for 1988. OPINION Section 2501(a) provides the general rule that Federal gift tax will be imposed upon the value of property transferred by gift during each calendar year. The value of a gift of stock is the stock’s fair market value on the date the gift is made. Sec. 2512(a); sec. 25.2512-2(a), Gift Tax Regs. Fair market value is defined generally as the price at which such property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of relevant facts. United States v. 2The Chaffe appraisal was subsequently revised to adjust for computational errors. The revised report concludes that the discounted per-share value of the 1988 stock transfer was $176.13.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011