Estate of Artemus D. Davis, Deceased, Robert D. Davis, Personal Representative - Page 35

                                       - 35 -                                         
          question equal to the full amount of capital gains taxes that               
          would have been due upon liquidation of the respective                      
          corporations whose stock was at issue in those cases, absent tax            
          planning to avoid those taxes which was permissible as of the               
          respective valuation dates in those cases.  The Court denied each           
          of those requests for a reduction for the full amount of such               
          capital gains taxes where there was no evidence as of those                 
          respective valuation dates that a liquidation of the corporation            
          in question or sale of corporate assets was planned or                      
          contemplated or that the full amount of such taxes could not have           
          been avoided.17                                                             
              In the present case, petitioner and all of the experts,                 
          including respondent's expert, believe, and we have found, that,            
          in determining the fair market value on the valuation date of each          
          of the blocks of stock at issue, it is necessary to apply a                 
          discount or adjustment attributable to ADDI&C's built-in capital            


          17  See Estate of Welch v. Commissioner, T.C. Memo. 1998-167, and           
          Eisenberg v. Commissioner, T.C. Memo. 1997-483, which were                  
          decided after the parties filed their briefs in this case and               
          which involved valuation dates that occurred after the repeal of            
          the General Utilities doctrine.  In neither of those cases was a            
          liquidation of the corporation in question or a sale of its                 
          assets planned or contemplated as of the respective valuation               
          dates.  In valuing the respective stock interests at issue in               
          those cases, the taxpayers asked the Court for a reduction equal            
          to the full amount of capital gains taxes that would have been              
          due upon liquidation of the respective corporations involved                
          there, absent tax planning to avoid those taxes which was                   
          permissible as of the respective valuation dates.  In neither of            
          those cases does the Court indicate that any expert believed that           
          such a reduction was warranted.  The Court denied the taxpayers'            
          requests.                                                                   



Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011