Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 28

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          raised by the estate as to facts concerning Sterling's redemption           
          of the Sterling preferred stock.  Respondent argues that the                
          January 17, 1994, redemption of the Sterling preferred stock sets           
          the stock's fair market value on the applicable valuation date.             
          Respondent contends that the stock's fair market value totals               
          $1,947,845, an amount that respondent derives from adding the               
          redemption price of $1,533,482 to the $414,363 amount that was              
          paid for "interest".                                                        
               The estate argues that facts concerning the redemption are             
          irrelevant to our determination.  The estate claims that the                
          redemption was not foreseeable on the applicable valuation date             
          of September 18, 1992, given Sterling's questionable financial              
          condition and its failure to meet redemptions which were                    
          scheduled, but not made, before that date.  The estate points to            
          the purchase agreement, under which Sterling could not redeem any           
          of the Sterling preferred stock, or pay any dividends with                  
          respect thereto, if the redemption or payment would violate the             
          terms of the senior debt or occur during any period of default on           
          senior debt.  The estate also observes that Sterling had forgone            
          partial redemptions in 1991 and 1992.                                       
               We disagree with the estate that facts concerning the                  
          redemption are irrelevant to our determination of value.                    
          Although these facts may not necessarily set the fair market                
          value of the Sterling preferred stock on the applicable valuation           





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