- 7 - have stipulated the amounts that would have been realized in the years under consideration if a sale of the property had actually taken place. In that regard, petitioner computed the capital gain tax reductions as though the corporation had sold the property in a taxable disposition on the transfer dates.4 Respondent, on the other hand, argues that petitioner is not entitled to reduce the fair market value of the corporate stock to account for potential capital gain taxes since there was no liquidation, distribution, or sale of the stock at the transfer dates.5 This Court has repeatedly held that no reduction in the value of closely held stock to reflect potential capital gains is warranted where the evidence fails to establish that a liquidation of the corporation or sale of the corporation's assets is likely to occur. Ward v. Commissioner, 87 T.C. 78, 103-104 (1986); Estate of Andrews v. Commissioner, 79 T.C. 938, 4In particular, petitioner claimed reductions based upon the assumption that the potential capital gains would be subject to Federal income tax, New York State Franchise Tax on Business Corporations, and New York City General Corporation Tax in the aggregate amounts of $240,079, $181,969, and $182,330 for the taxable years 1991, 1992, and 1993, respectively. Petitioner subsequently amended her petition, seeking to increase these taxes to $255,221, $193,256, and $190,774 for the taxable years 1991, 1992, and 1993, respectively. See supra note 2. 5Petitioner states that if we decide against her motion for summary judgment, then she reserves the right to present additional evidence to determine the full amount of taxes that may, indeed, be taken into account. Our holding in this regard renders this issue moot. See supra note 2.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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