- 31 - 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 easilyPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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