- 4 - 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 alterPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011