Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 26

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          when a taxpayer deliberately overvalues property with an eye                
          towards tax evasion, or attempts to conceal taxable assets from             
          the reach of the Commissioner.                                              
               Property includable in a decedent's gross estate is included           
          at its fair market value on either:  (1) The date of the                    
          decedent's death or (2) the alternate valuation date described in           
          section 2032.  Fair market value is "the price at which the                 
          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".  Sec.                  
          20.2031-1(b), Estate Tax Regs.; see also secs. 2031(a), 2032(a);.           
          Fair market value is a factual determination, and the trier of              
          fact must weigh all relevant evidence of value and draw                     
          appropriate inferences.  Commissioner v. Scottish Am. Inv. Co.,             
          323 U.S. 119, 123-125 (1944); Helvering v. National Grocery Co.,            
          304 U.S. 282, 294 (1938).  Respondent's determination of fair               
          market value is presumed correct, and the taxpayer must prove it            
          wrong.  Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).               
               An actual arm's-length sale of property is most indicative             
          of its fair market value, assuming that the date of the sale is             
          close to the valuation date.  See Ward v. Commissioner, 87 T.C.             
          78, 101 (1986); Estate of Andrews v. Commissioner, 79 T.C. 938,             
          940 (1982).  If actual sales are not available, fair market value           
          is determined based on a hypothetical willing buyer and a                   





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