I.C. Hemmings and Sue B. Hemmings, et al. - Page 31

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               Respondent's contention that the purchase of the gemstones             
          was not an arm's-length transaction is not supported by the                 
          record.  Mr. Hemmings and Don were no more than business                    
          acquaintances, and there is no reason to believe that either                
          intended to confer any benefit on the other by paying more or               
          less than the fair consideration in the exchange.                           
               Turning to the proximity of the purchase date to the date of           
          gift, in Tripp v. Commissioner, 337 F.2d 432, 434 (7th Cir.                 
          1964), affg. T.C. Memo. 1963-244, the court found that the                  
          purchase price of jewelry over 2 years prior to the contribution            
          was sufficient to establish the fair market value of the jewelry            
          on the date of contribution in the absence of convincing evidence           
          to the contrary.  In Jayson v. United States, 294 F.2d 808, 810             
          (5th Cir. 1961), the court found that the purchase price of land            
          3-1/2 years prior to its condemnation was evidence of its fair              
          market value on the date of condemnation.  Similarly, in United             
          States v. 2,635.04 Acres of Land, 336 F.2d 646, 649 (6th Cir.               
          1964), the court held that a comparable sale of land in 1954                
          constituted evidence of the fair market value of the land                   
          condemned in 1961.                                                          
               Respondent has not introduced any evidence of the fair                 
          market value of the gemstones on the date of contribution, nor              
          put forth any reason to believe the value of the gemstones                  
          diminished between the date of purchase and the date of                     
          contribution.  Gemstones are durable assets, not easily                     




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