Martin Ice Cream Company - Page 50

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            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 position                        



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