- 25 - We have found sales data not to be indicative of fair market value where property was sold to the highest bidder at an “unrestricted auction”, with no minimum bid or number of bids required, and there was evidence that the property had an intrinsic value far in excess of the auction sales price and could have been sold under other circumstances at a considerably higher price. McGuire v. Commissioner, 44 T.C. 801, 809 (1965); see also Stollwerck Chocolate Co. v. Commissioner, 4 B.T.A. 467, 471 (1926) (“Nor is the evidence of the price at which some of the stock of the taxpayer was sold to the public sufficient in our minds to establish the value either of the stock or assets acquired, in the absence of some showing as to the manner and volume in which sales were made.”). In Gillette Rubber Co. v. Commissioner, 31 B.T.A. 483, 491 (1934), we rejected as determinative of the fair market value of certain common stock “a price known to be a low one, purposely made so to secure the good will of * * * [former] stockholders and give them a chance to recoup [their prior losses].” On brief, respondent recites: Petitioners contend that the cash paid by Howard County for the development rights to their property does not represent the fair market value of the development rights. This argument is largely based on two factors: 1. petitioners did not believe the cash payments represented the fair market value of the property conveyed; and 2. Howard County did not intend to pay them fair market value for their easement.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011