- 17 - stock to be valued, and nonoperating assets to the extent not otherwise considered. Section 5 of Rev. Rul. 59-60, 1959-1 C.B. 237, 238-242, sets forth criteria that are virtually identical to those listed in section 20.2031-2(f), Estate Tax Regs., and "has been widely accepted as setting forth the appropriate criteria to consider in determining fair market value". Estate of Newhouse v. Commissioner, 94 T.C. 193, 217 (1990). There is no fixed formula for applying the foregoing fac- tors. See Estate of Goodall v. Commissioner, 391 F.2d 775, 786 (8th Cir. 1968), vacating T.C. Memo. 1965-154. We have held, and the regulations provide, that the weight to be given to the various factors in arriving at fair market value depends upon the facts of each case. Estate of Andrews v. Commissioner, supra at 940-941; sec. 20.2031-2(f), Estate Tax Regs. As the trier of fact, we have broad discretion in assigning the weight to accord to the various factors and in selecting the method of valuation. Estate of O'Connell v. Commissioner, 640 F.2d 249, 251 (9th Cir. 1981), affg. on this issue T.C. Memo. 1978-191. Each of the parties' experts agree that, under the transac- tion method that each applied under the market approach to valuation, the starting point for determining the fair market value of the stock interest in question should be the book value of B&W Longview on the valuation date plus a 23-percent premium on the gross amount of the trade notes receivable that thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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