Nathan P. and Geraldine V. Morton - Page 4

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             Respondent also maintains that the documents do not create               
             an undue risk of prejudice.                                              
                  The primary issue in this case is the fair market                   
             value of SWI stock as of June 30, 1989.  Fair market value               
             is generally defined as the price at which property would                
             change hands between a willing buyer and a willing seller                
             on a fixed date, neither being under any compulsion to buy               
             or sell, and both having reasonable knowledge of relevant                
             facts.  See sec. 20.2031-1(b), Estate Tax Regs.; United                  
             States v. Cartwright, 411 U.S. 546, 551 (1973); Krapf v.                 
             United States, 977 F.2d 1454, 1457 (Fed. Cir. 1992);                     
             Estate of Kaplin v. Commissioner, 748 F.2d 1109, 1111                    
             (6th Cir. 1984), revg. T.C. Memo. 1982-440; Estate of                    
             Brown v. Commissioner, 425 F.2d 1406, 1406-1407 (5th Cir.                
             1970), affg. T.C. Memo. 1969-91; Estate of Andrews v.                    
             Commissioner, 79 T.C. 938, 940 (1982); Duncan Indus.                     
             v. Commissioner, 73 T.C. 266, 276 (1979); Culp v.                        
             Commissioner, T.C. Memo. 1989-517 (applying this standard                
             to section 83(b) election).                                              
                  Evidence is relevant if it has "any tendency to make                
             the existence of any fact that is of consequence to the                  
             determination of the action more probable or less probable               
             than it would be without the evidence."  Fed. R. Evid. 401.              
             We agree with petitioners that unforeseeable events                      
             occurring after the hypothetical date of sale which alter                




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