Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 42

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          for depletion,25 and is characterized as a sale or exchange under           
          section 1231.  The fair market value of the cut timber then                 
          becomes the new basis of the timber (new basis) for all purposes            
          in the hands of the taxpayer.  If the cut timber is then sold,              
          ordinary gain or loss is calculated as the difference between the           
          amount realized and the new basis.                                          
               As a result of its section 631(a) election, Johnco will                
          recognize its built-in capital gains under section 1231 as it               
          cuts timber.  This recognition will occur independently of any              
          liquidation.  Consequently, we conclude that a hypothetical                 
          willing buyer of decedent's Johnco stock would take into account            
          Johnco's built-in capital gains, even if his plans were to hold             
          the assets and cut the timber on a sustainable yield basis.  For            
          this reason, we hold that a valuation of decedent's Johnco stock            
          should take into account Johnco's built-in capital gains, but               
          only in an amount reflecting the rate at which they will be                 
          recognized, measured as the net present value of the built-in               
          capital gains tax liability that will be incurred over time as              
          timber is cut.                                                              
               We calculate the net present value of the built-in capital             
          gains tax liability by estimating Johnco's capital gains                    

               25 Where only a portion of the timber is cut, basis is                 
          allocated to cut and standing timber in proportion to timber                
          units.  See sec. 612; sec. 1.612-1, Income Tax Regs.  Units of              
          timber are ordinarily expressed in terms such as thousands of               
          board feet, log scale or cords, as appropriate.  Timber quantity            
          is generally estimated upon acquisition and subsequently                    
          increased as timber is acquired and decreased as units of timber            
          are cut and sold.                                                           

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