Estate of Dorothy B. Foote - Page 17




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          conclusion is based upon the stock's having a per-share date-of-             
          death fair market value of $15.125, before application of a 50-              
          cent-per-share (or a 3.3-percent) blockage discount.                         
                                       OPINION                                         
               The fundamental issue involved herein concerns the appropriate          
          blockage discount, if any, to be used in valuing the 280,507 shares          
          at issue on the date of decedent's death.  Petitioner maintains              
          that a 22.5-percent blockage discount is in order, whereas                   
          respondent contends (in the Answer to the petition and in                    
          respondent's posttrial brief) that no blockage discount is                   
          appropriate, but if one is, then the amount of the discount should           
          not exceed 3.3 percent.                                                      
               We begin our task by reiterating several well-established and           
          often-stated principles.  First, in valuing property for estate tax          
          purposes the standard for valuation is fair market value, which is           
          defined as "the price at which the property would change hands               
          between a willing buyer and a willing seller, neither being under            
          any compulsion to buy or to sell and both having reasonable                  
          knowledge of relevant facts."  United States v. Cartwright, 411              
          U.S. 546, 551 (1973); Collins v. Commissioner, 3 F.3d 625, 633 (2d           
          Cir. 1993), affg. T.C. Memo. 1992-478; sec. 20.2031-1(b), Estate             
          Tax Regs.  Second, where shares of stock are the property being              
          valued, we look to whether the stock is publicly traded.  If it is,          
          then:  (1) The price at which the stock is sold on a stock exchange          
          or on the over-the-counter market generally is the best evidence of          
          the stock's value, Dellacroce v. Commissioner, 83 T.C. 269, 288              

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