- 41 - 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 basisPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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