Gerald D. and Catherine Leibowitz - Page 35

                                       - 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 retail           




Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011