Estate of Frank A. Branson - Page 39




                                       - 39 -                                         

          Therefore, the number of Savings shares that can be sold without            
          affecting price is uncertain, but not unlimited.                            
               The facts and circumstances of this case indicate that a 10-           
          percent discount for blockage is appropriate.  Accordingly, we              
          find that the fair market value of petitioner's Savings stock is            
          $276 per share.                                                             
          Issue 2.  Fair Market Value of the Willits Shares                           
               Respondent determined that the value of petitioner's Willits           
          stock was $850 per share; however, he now contends that the date-           
          of-death fair market value of petitioner's Willits stock is $774            
          per share.  Respondent bases his contention on the results of               
          petitioner's sale of all its shares approximately 9 months after            
          decedent's death.                                                           
               Petitioner asserts that the value of the stock is $485 per             
          share, but concedes on brief that the evidence supports a                   
          valuation in the range of $485 to $662 per share.  Petitioner               
          further asserts that the sales history of Willits' stock is                 
          evidence that there is no market for the shares, and that the               
          price it received for the shares is not representative of their             
          fair market value because the shares were not sold at arm's                 
          length.                                                                     
               Petitioner sold its 500 shares of Willits stock for $850 per           
          share; 365 of the shares were purchased by Mannon.  At the time             
          he purchased the shares, Mannon owned more than 30 percent of               





Page:  Previous  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next

Last modified: May 25, 2011