Estate of Pauline Welch, Deceased, Newton G. Welch, Jr. and Lois Welch McGowan, Co-Executors - Page 13

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          subject properties was foreseeable as of the valuation date8, see           
          Ithaca Trust Co. v. United States, 279 U.S. 151 (1929)(subsequent           
          events are not considered in determining fair market value,                 
          except to the extent that they were reasonably foreseeable at the           
          date of valuation); Estate of Scanlan v. Commissioner, supra, and           
          consequently there was the requisite likelihood that the                    
          corporations would sell the properties, the estate has failed to            
          show that it was likely that either of the corporations would pay           
          built-in capital gains tax upon sale.                                       
               As a general rule, gain realized from the sale or other                
          disposition of property must be recognized.  See sec. 1001(c).              
          Section 1033 provides an exception to this general rule by                  
          allowing gain realized from certain involuntary conversions to be           
          deferred.  Realized gain can be deferred in its entirety under              
          section 1033 if: (1) nonrecognition treatment is elected; (2)               
          qualified replacement property is purchased within the time                 
          limits specified; and (3) the cost of the qualified replacement             
          property equals or exceeds the amount realized on the conversion.           
          Sec. 1033(a)(2)(A).  Among other things, an involuntary                     


               8  The only evidence submitted which tends to show that the            
          estate was aware of potential condemnation of the real property             
          on the valuation date, and not thereafter, is a magazine article            
          entitled Nashville Neighborhoods Downtown Turning Renderings into           
          Reality, published in the Aug. 1992 issue of Nashville Business             
          and Lifestyles.  The article discusses revitalization of the                
          downtown Nashville area, and the proposal appears to encompass              
          properties owned by ESI and ISC.                                            




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