- 29 - date, see Estate of Scanlan v. Commissioner, T.C. Memo. 1996-331 (adjustments made to redemption price to account for passage of time, as well as the change in the setting from the date of the decedent’s death to the date of the redemption), affd. without published opinion 116 F.3d 1476 (5th Cir. 1997), we believe they are relevant to our determination of that fair market value. See Estate of Gilford v. Commissioner, 88 T.C. 38, 52 (1987); Estate of Jephson v. Commissioner, 81 T.C. 999, 1002 (1983); see also Estate of Van Horne v. Commissioner, 720 F.2d 1114, 1116 (9th Cir. 1983), affg. 78 T.C. 728 (1982); Estate of Scanlan v. Commissioner, supra. That the Sterling preferred stock would be redeemed on or before the December 31, 1995, date set forth in the purchase agreement, at or about the price stated therein, was foreseeable on September 18, 1992, based on the facts available on that date. Doherty v. Commissioner, supra at 340. The estate is mistaken in asserting that Sterling's financial position was too weak on September 18, 1992, to effectuate a redemption of the Sterling preferred stock on or after that date. Sterling's 1990 through 1992 cash-flow was positive, and its losses for 1990 and 1991 stemmed mainly from its amortization of intangible assets and deferred financing costs. Sterling's loss in 1991 was also attributable to the one-time writeoff of $2,953,646, an expense that sprang automatically from the death of a party subject to the underlying noncompetition agreement. Sterling also realizedPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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