M.I.C. Limited - Page 13

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          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.               




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