- 18 - stock in the recapitalization of HBC, described above. Respondent determined in the notice of deficiency and takes the position in these proceedings that the decedent's exchange of stock was a transfer of property for less than adequate and full consideration in money or money's worth, as described in section 2512(b). Unless stated otherwise, section references concerning the estate tax are to the Internal Revenue Code as in effect on the date of the decedent's death, and section references concerning the gift tax are to the Internal Revenue Code as in effect during the years in issue. Consequently, respondent determined in the notice of deficiency and argues here that the amount by which the value of the decedent's voting common stock exceeds the value of the nonvoting common stock received in the recapitalization is a gift to the decedent's two sons, the only persons who held voting stock after the transaction. Respondent's methodology in the notice is the same as respondent's position in these proceedings, but the values differ. The following schedule summarizes respondent's position in the notice of deficiency and respondent's position at trial: Notice of Position Deficiency at Trial Value of a share of voting common stock$18,927 1$11,827 before the recapitalization if held asPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011