- 50 - U.S. 56, 66-67 (1942); Silverman v. Commissioner, 538 F.2d 927, 933 (2d Cir. 1976), affg. T.C. Memo. 1974-285. Our task is made all the more difficult by the lack of any direct evidence in the record of the market value of the SIC stock. However, we may approximate the value of the SIC stock by determining the fair market value of Arnold’s previously held stock in MIC, inasmuch as the taxable event at issue is the distribution by MIC of SIC stock in redemption of Arnold’s stock in MIC. See United States v. Davis, 370 U.S. 65, 72 (1962); Philadelphia Park Amusement Co. v. United States, 130 Ct. Cl. 166, 126 F. Supp. 184, 189 (1954); Spruance v. Commissioner, 60 T.C. 141, 157 (1973), affd. without published opinion 505 F.2d 731 (3d Cir. 1974); Williams v. Commissioner, T.C. Memo. 1997-326. Respondent did not submit an expert’s report valuing the SIC stock, arguing that this is not a valuation case. In respondent’s view, the intervening transfer of property by MIC to SIC and exchange of SIC stock for Arnold’s MIC stock are to be disregarded, and petitioner held, under the Court Holding theory, to be the constructive seller of all property sold to H�agen-Dazs, having a fair market value of $1,430,340, as established by the price paid by H�agen-Dazs for assets purchased less than 6 weeks later. Similarly, respondent argues, even if respondent loses on the Court Holding theory, that the price paid in the H�agen-Dazs sale is the best evidence of the value of the assets transferred from MIC to SIC and of the value of Arnold’s MIC stock that was redeemed. For reasons previously discussed, we have rejected respondent’s overall positionPage: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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