- 6 - Cartwright, 411 U.S. 546, 551 (1973); sec. 25.2512-1, Gift Tax Regs. The fair market value of donated property as of a given date is a question of fact to be determined from the entire record. Symington v. Commissioner, 87 T.C. 892, 896 (1986). In determining the value of unlisted stock, actual arm’s- length sales of such stock in the normal course of business within a reasonable time before or after the valuation date are the best criteria of market value. Duncan Indus., Inc. v. Commissioner, 73 T.C. 266, 276 (1979). In the absence of arm’s- length sales, the value of the stock is to be determined by taking into consideration the company’s net worth, prospective earning power, dividend-paying capacity, and other relevant factors. Estate of Andrews v. Commissioner, 79 T.C. 938, 940 (1982); sec. 25.2512-2(f), Gift Tax Regs. Such other relevant factors include the goodwill of the business, the economic outlook in the particular industry, the company’s position in the industry and its management, the degree of the control of the business represented by the block of stock to be valued, and the values of securities of corporations engaged in the same or similar lines of business that are listed on a stock exchange. The weight to be accorded such comparisons or any other evidentiary factors considered in the determination of a value depends upon the facts of each case. Sec. 25.2512-2(f), Gift Tax Regs. These factors cannot be applied with mathematical precision. Estate of Andrews v. Commissioner, supra at 941.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