- 11 - market value. See Estate of Scanlan v. Commissioner, T.C. Memo. 1996-331, affd. without published opinion 116 F.3d 1476 (5th Cir. 1997). However, in this case, we do not assign any weight to the March 4, 1994, stock sale which included the sale of nonvoting common shares in ESI and ISC. The sale was between related parties, the coexecutors (decedent's son and daughter).7 Moreover, the coexecutors appear to have determined the sales price of the stock solely by referencing its fair market value as reported on decedent's Federal estate tax return, even though the sale occurred approximately 12 months after decedent's death. We therefore focus our attention on the issue of whether the value of decedent's interest in ESI and ISC includes a discount for built-in capital gains tax liability. The estate must prove error in respondent's determination of value as set forth in respondent's notice of deficiency. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). This Court has repeatedly rejected reductions in value of closely held stock to reflect built-in capital gains tax liability where the evidence fails to establish that a liquidation of the corporation or sale of the corporation's assets is likely to occur. See Ward v. Commissioner, 87 T.C. 78, 103-104 (1986); Estate of Andrews v. Commissioner, supra at 942; 7 We also note that Lanny B. McGowan, Lois Welch McGowan's husband, was and remains an officer of ISC.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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