Irene Eisenberg - Page 9

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               the costs of disposal like broker's commissions are not                
               a proper deduction.  Estate of Henry E. Huntington, * *                
               * [36 B.T.A. 698 (1937)].  Still less do we think a                    
               hypothetical and supposititious liability for taxes on                 
               sales not made nor projected to be a necessary                         
               impairment of existing value.  We need not assume that                 
               conversion into cash is the only use available to an                   
               owner, for property which we know would cost him market                
               value to replace. * * * [Id. at 165.]                                  
               Subsequently, in Estate of Piper v. Commissioner, supra, the           
          issue for our consideration was the valuation of the stock of two           
          investment companies for gift tax purposes.  The taxpayer sought            
          to discount the value of the stock for potential capital gain               
          taxes at the corporate level.  We rejected such an approach,                
          holding:                                                                    
               We consider such a discount unwarranted under the net                  
               asset valuation technique employed herein, where there                 
               is no evidence that a liquidation of the investment                    
               companies was planned or that it could not have been                   
               accomplished without incurring a capital gains tax at                  
               the corporate level.  [Id. at 1087.]                                   

          As we aptly stated in Ward v. Commissioner, supra at 104 (quoting           
          Estate of Cruikshank v. Commissioner, supra at 165): "'We need              
          not assume that conversion into cash is the only use available to           
          an owner, for property which we know would cost him market value            
          to replace.'"  Consequently, taxpayers may not obtain a valuation           
          discount for estate and gift tax purposes based on an event that            
          may not transpire.  Hence, "When liquidation is only speculative,           
          the valuation of assets should not take these costs into account            






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