Charles H. Browning, Jr., and Patricia L. Browning - Page 25

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               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.                      






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