- 13 - condemnation award qualifies under section 1033 for nonrecognition of gain. Respondent alternatively argues that $908,750 (rather than $1,114,500 as shown in the notice of deficiency) of the award is taxable to Beverly, $800,000 as a payment for its going concern and $108,750 as a payment for its covenants, and that $108,750 of the award is taxable to MIC as a payment for its covenants. Under her alternative argument respondent does not contest that $820,000 of the condemnation award qualified under section 1033 for nonrecognition of gain. We disagree with both of respondent's arguments. We decline to allocate any part of the award away from the Property because we find that the award is not significantly in excess of the fair market value of the Property. Fair market value is a question of fact. Commissioner v. Scottish Am. Inv. Co., 323 U.S. 119, 123- 125 (1944); Helvering v. National Grocery Co., 304 U.S. 282, 294 (1938). Fair market value represents the price that a willing buyer would pay a willing seller, both persons having reasonable knowledge of all relevant facts and neither person being compelled to buy or to sell. United States v. Cartwright, 411 U.S. 546, 551 (1973); Estate of Hall v. Commissioner, 92 T.C. 312, 335 (1989). The willing buyer and the willing seller are hypothetical persons, instead of specific individuals or entities, and the characteristics of these hypothetical persons are not necessarily the same as the personal characteristics of the actual seller or a particular buyer. Estate of Bright v.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011