Cameron W. Bommer Revocable Trust, Ronald Bommer, Trustee - Page 20

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            defined as "'the price at which the 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. Cartwright, 411                            
            U.S. 546, 551 (1973) (quoting section 20.2031-1(b), Estate Tax                              
            Regs.).  The determination of fair market value is a question of                            
            fact.  Estate of Newhouse v. Commissioner, 94 T.C. 193, 217 (1990);                         
            Estate of Gilford v. Commissioner, 88 T.C. 38, 50 (1987).  If the                           
            relevant property is stock that is not listed on any exchange, and                          
            cannot be valued with reference to bid and asked prices or                                  
            historical sales prices, the value of listed corporations engaged in                        
            the same or a similar line of business should be considered.  Sec.                          
            2031(b).                                                                                    
                  The value of corporate stock may be limited for Federal estate                        
            tax purposes as a result of an enforceable buy-sell agreement or                            
            option contract which fixes the price at which the stock may be                             
            offered for sale to the remaining shareholders.  See, e.g., St.                             
            Louis County Bank v. United States, 674 F.2d 1207, 1210 (8th Cir.                           
            1982); May v. McGowan, 194 F.2d 396, 397 (2d Cir. 1952); Lomb v.                            
            Sugden, 82 F.2d 166, 167 (2d Cir. 1936); Wilson v. Bowers, 57 F.2d                          
            682, 684 (2d Cir. 1932); Estate of Gloeckner v. Commissioner, T.C.                          
            Memo. 1996-148; Estate of Lauder v. Commissioner, T.C. Memo. 1992-                          
            736; Rudolph v. United States, 71 AFTR 2d 93-2169, 93-1 USTC par.                           
            60,130 (S.D. Ind. 1993).                                                                    






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