- 9 - 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 accountPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011