Estate of Mario E. Bosca, Deceased, Marie A. Baker Formerly Marie A. Bosca, Executor - Page 28

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             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 valued              





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