Gerald D. and Catherine Leibowitz - Page 25

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          which the property would change hands between a willing seller              
          and a willing buyer who both have a reasonable knowledge of the             
          facts and are not under any compulsion to sell or buy.  United              
          States v. Cartwright, 411 U.S. 546, 550-551 (1973); sec. 1.170A-            
          1(c)(2), Income Tax Regs.  Respondent's determination of the fair           
          market value is presumed to be correct, and petitioners have the            
          burden of proving otherwise.  Rule 142(a).  However, fair market            
          value is a question of fact, Lio v. Commissioner, 85 T.C. 56, 66,           
          68 (1985), affd. sub nom. Orth v. Commissioner, 813 F.2d 837 (7th           
          Cir. 1987), that this Court must answer as a matter of judgment,            
          Hamm v. Commissioner, 325 F.2d 934, 940 (8th Cir. 1963), affg.              
          T.C. Memo. 1961-347, on the basis of all the evidence in the                
          record, Helvering v. Safe Deposit & Trust Co., 316 U.S. 56, 66-67           
          (1942); Silverman v. Commissioner, 538 F.2d 927, 933 (2d Cir.               
          1976), affg. T.C. Memo. 1974-285.                                           
               Although the regulations under section 170 provide no                  
          guidance on whether to value property in bulk or on an individual           
          basis, or on the market to be used to value property and how to             
          select that market, the guidance found in the Estate Tax                    
          Regulations is applicable to charitable contributions for income            
          tax purposes.  Champion v. Commissioner, 303 F.2d 887, 892-893              
          (5th Cir. 1962) (“There is no distinction, for most purposes                
          * * * in the meaning of fair market value as used in an estate              
          tax case and one involving income tax.”), revg. and remanding on            
          other grounds T.C. Memo. 1960-51; Anselmo v. Commissioner, 80               




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