- 31 - shareholders of the corporation to the extent of their proportionate interests in the corporation. Kincaid v. United States, supra at 1224, 1226; Heringer v. Commissioner, 235 F.2d 149 (9th Cir. 1956); CTUW Georgia Ketteman Hollingsworth v. Commissioner, 86 T.C. at 96-97. Sec. 25.2511-1(h)(1), Gift Tax Regs. Applying the principle that separate gifts must be valued separately, it follows that each such gift to a stockholder of a corporation must be valued separately. Cf. Estate of Hitchon v. Commissioner, 45 T.C. 96 (1965). In these cases, the decedent through his participation in the recapitalization indirectly made gifts to his two sons. In valuing the gifts, respondent takes the position that the stock transferred by the decedent to the corporation should be treated as a single block of stock and should be valued accordingly. Thus, respondent has aggregated the decedent's stock for purposes of valuing the gifts he made to his sons. In our view, this approach violates the principle that separate gifts should be valued separately. We agree that the decedent surrendered stock in the recapitalization that represented 50 percent of the voting stock of the corporation. However, the decedent did not convey 50 percent of the voting stock of the corporation to either of the donees or to both of themPage: 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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