Doris F. Rabenhorst and Alvin P. Rabenhorst, Sr. - Page 5

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          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.                                                                    




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