- 28 - the amount of the "gift" determined under section 2512(a) differs from the amount "deemed a gift" under section 2512(b). Second, we agree with respondent's approach in these cases under which respondent measured the difference between the value of the 402.5 shares of voting stock that the decedent transferred to the corporation and the value of the 402.5 shares of nonvoting stock that he received in return. See, e.g., Kincaid v. United States, 682 F.2d 1220 (5th Cir. 1982); Estate of Trenchard v. Commissioner, T.C. Memo. 1995-121, T.C. Memo. 1995-232; Estate of Higgins v. Commissioner, T.C. Memo. 1991-47. We agree with respondent that pursuant to section 2512(b), the difference between those values is deemed a gift. The final issue is whether the voting common stock that the decedent transferred to HBC should be valued as a single block of 50 percent of the stock of the corporation or as two blocks of 25 percent. As mentioned above, if the decedent's voting stock is valued as a single block, then the parties have stipulated that each share of stock was worth $11,827 immediately before the recapitalization. In that event, the difference between what the decedent transferred to HBC and what he received in return is $2,412, and the decedent's gifts to his sons will be valuedPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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