- 10 - sold on March 4, 1994, at a per share price equal to the per share price shown on the estate's Federal estate tax return. As to the March 4, 1994, stock sale, the estate is, in essence, arguing that the sale is indicative of what a willing buyer would have paid for the stock on the valuation date given the income tax liability inherent in the aforementioned property. Respondent makes several arguments for disallowing a built- in capital gains discount. First, respondent argues that the estate has not established that a liquidation of the corporations or the sale of the corporations' assets was likely to occur. Among other things, respondent contends that the estate has failed to show that the condemnation of the subject properties was foreseeable on the valuation date, and that the evidence establishes that legislative action to condemn the property was not taken until August 12, 1993, more than 5 months after the valuation date. Second, respondent argues that the discount is not warranted where only the real estate, and not the corporations, was subject to condemnation. Third, respondent argues that the discount is not warranted where both corporations could avoid, and did indeed avoid, the recognition of gain under section 1033. As previously stated, ordinarily a sale within a reasonable time before or after the valuation date is the best criteria ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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