Doris F. Rabenhorst and Alvin P. Rabenhorst, Sr. - Page 16

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          the redemption.  Petitioners’ argument continues as they explain            
          that immediately after the redemption and subsequent stock                  
          distribution, the per-share value of RLIC’s stock was $93.14.               
          Based upon this postredemption share price of $93.14, petitioners           
          contend that the $176.13 per-share value reached in Chaffe’s                
          report is reasonable because it accounts for growth in the amount           
          of 89 percent.  In contrast, petitioners argue, respondent’s                
          determination of a $445 per-share value is unreasonable because             
          it requires the acceptance of a growth rate of nearly 400                   
          percent.                                                                    
               Respondent argues that the redemption lacks probative value            
          because of its remoteness to the 1988 stock transfer and because            
          it involved family members.  Because the redemption involved                
          family members, respondent contends that it was not conducted at            
          arm’s length.                                                               
               We are only partially convinced by petitioners’ argument as            
          it requires the acceptance of a value derived from a transaction            
          that occurred nearly 5 years earlier as the basis for                       
          establishing the accuracy of the result obtained in the Chaffe              
          report.  While we agree with petitioners that a recent                      
          arm’s-length sale of the subject property is probative of fair              
          market value, we question whether and to what extent the                    
          remoteness of the redemption detracts from its probative worth.             
          See Kaplan v. Commissioner, 43 T.C. 663, 665-666 (1965).  We                
          reject, however, respondent’s argument that the redemption lacks            




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