Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 41

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          done so in a manner sufficient to prevent petitioner from being             
          able to carry its burden of final persuasion, as respondent                 
          asserts.                                                                    
               We may allow the application of a built-in capital gains               
          discount if we believe that a hypothetical buyer would have taken           
          into account the tax consequences of built-in capital gains when            
          arriving at the amount he would be willing to pay for decedent's            
          Johnco stock.  Because Johnco's timber assets are the principal             
          source of the built-in capital gains and, as discussed infra, are           
          subject to special tax rules that make certain the recognition of           
          the built-in capital gains over time, we think it is clear that a           
          hypothetical buyer would take into account some measure of                  
          Johnco's built-in capital gains in valuing decedent's Johnco                
          stock.                                                                      
               On the valuation date, Johnco had a valid election under               
          section 631(a) that could not be revoked absent a showing of                
          undue hardship.  Section 631(a) treats the cutting of timber as             
          though it were a hypothetical sale or exchange of the timber.               
          This fictitious sale is deemed to have been consummated at the              
          time when the cutting occurs, and the timber must be cut for sale           
          or use in the taxpayer's trade or business.  The sale price in              
          this hypothetical sale is the fair market value of the timber on            
          the first day of the taxable year in which it is cut.  Gain or              
          loss under section 631(a) is measured by the difference between             
          the fair market value of the cut timber and its adjusted basis              



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