Estate of Frank A. Branson - Page 37




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          the shares would, in part, have to be otherwise secured.  The               
          interest rate charged the borrower for the portion of the loan              
          not secured by the Savings shares (the unsecured portion) would             
          depend upon the creditworthiness of the borrower.  The actual               
          interest rate would thus be a weighted average of the rates                 
          charged for the secured and unsecured portions of the loan.                 
          Consequently, the actual interest rate would vary depending upon            
          the creditworthiness of the particular borrower.                            
               By using a valuation method that is dependent upon the                 
          interest rate available to a particular borrower, instead of the            
          market rate of return required by investors in this type of                 
          security, Spiro calculated the value of the stock to a particular           
          borrower, not the fair market value of the shares.                          
          Finally, we disagree with Spiro's estimate of the amount of                 
          time it would take to dispose of the shares for the same reason             
          we disagreed with petitioner's estimate.20                                  
               We think that the actual sales value of the 1,111 shares               
          sold at arm's length to unrelated parties 1 month before                    
          decedent's death provides the best indication of the value of the           
          shares.  The price at which these shares sold reflects the                  


               19(...continued)                                                       
          the entire amount of the loan.                                              
               20Spiro noted in his written report that his estimate is               
          "conservative in light of the fact that [petitioner] sold * * *             
          2,800 shares in 1992".                                                      




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