- 5 - substantially all of the assets of the corporation may occur without approval of at least 66 2/3 percent of the shareholders. On January 20, 1991, petitioner timely filed decedent’s Federal estate tax return, and, for purposes of valuing the 201,408 shares of stock in Wilber Corp that decedent owned as of the date of his death, petitioner elected to use on the estate tax return the alternate valuation date of October 20, 1990. Petitioner attached to the Federal estate tax return a letter prepared by Alex Sheshunoff & Co., Inc. (petitioner’s first expert), a national investment banking firm that maintains a division specializing in the appraisal of banks and bank stock, in which this expert valued decedent’s 201,408 shares of stock in Wilber Corp, after discounting for various factors, at $7,653,504, or $38 per share. On audit, respondent obtained an appraisal of decedent's 201,408 shares of stock in Wilber Corp from Business Valuation Services, Inc. (BVS). Respondent's expert considered the same basic factors used by petitioner's expert but applied a control premium, valuing decedent's 201,408 shares of stock in Wilber Corp at $13,562,815, or $67.34 per share. OPINION Fair market value is defined as the price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both havingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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