Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 29

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          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 realized            





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