- 35 - “retail” does not mean that the most expensive source is the only source for determining fair market value. Fair market value is determined in the market most commonly used by the ultimate consumer, which may or may not be the most expensive, since ultimate consumers may simultaneously participate in multiple markets with different price structures. Lio v. Commissioner, supra at 70. There are several factors to consider in choosing the relevant market. First is the identity of the buyers and sellers. They must be purely hypothetical, Estate of Andrews v. Commissioner, 79 T.C. 938, 954 (1982), reasonably knowledgeable, and not under any compulsion to buy or sell, sec. 20.2031-1(b), Estate Tax Regs. Warren assumed that conventions were the appropriate market partly because a discriminating collector would not necessarily pay the higher prices charged by retail stores. See, e.g., Chou v. Commissioner, T.C. Memo. 1990-90, affd. without published opinion 937 F.2d 611 (9th Cir. 1991). We disagree with Warren’s assumption on this issue. The regulations and case law require only that the hypothetical willing buyer and seller have “reasonable” knowledge. Sec. 20.2031-1(b), Estate Tax Regs. That requirement may be satisfied by an organized market because it has assimilated the available information to arrive at a market price. Estate of Gilford v. Commissioner, 88 T.C. 38, 55 (1987) (referring to organized, public markets for stock). The record shows that both the retailPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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