Estate of Artemus D. Davis, Deceased, Robert D. Davis, Personal Representative - Page 8

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          two 25-share blocks of ADDI&C stock that decedent transferred to            
          his sons was $12,046,975, or $481,879 a share.                              
                                        OPINION                                       
               Petitioner modified the position reflected in decedent's gift          
          tax return as to the value on the valuation date of each of the             
          two blocks of stock in question and now claims that the fair                
          market value of each of those blocks on that date was $6,904,886,           
          or $276,195 per share.  Respondent modified the determination in            
          the notice as to that value and now contends that the fair market           
          value on the valuation date of each of the two blocks of ADDI&C             
          stock in question was $13,518,500, or $540,740 per share.2                  
               If a gift is made in property, its value at the date of the            
          gift is considered the amount of the gift.  Sec. 2512(a);3 sec.             
          25.2512-1, Gift Tax Regs.  The value of the property for Federal            
          gift tax purposes is                                                        
               the price at which such property would change hands                    
               between a willing buyer and a willing seller, neither                  
               being under any compulsion to buy or to sell, and both                 
               having reasonable knowledge of relevant facts. * * * All               
               relevant facts and elements of value as of the time of                 
               the gift shall be considered. * * * [Sec. 25.2512-1,                   
               Gift Tax Regs.]                                                        
          The willing buyer and the willing seller are hypothetical persons,          
          rather than specific individuals or entities, and the individual            

          2  Respondent is not, however, claiming an increased gift tax               
          deficiency.                                                                 
          3  All section references are to the Internal Revenue Code in               
          effect on the valuation date.  Unless otherwise indicated, all              
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  



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