Walter L. Gross, Jr., and Barbara H. Gross - Page 8




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          value, but have expressed their disagreement over that value.                
          Petitioners argue that, on July 31, 1992 (the gift date), the                
          value of a G&J share was $5,680; respondent argues that it was               
          $10,910.                                                                     
          II.  Code and Regulations                                                    
               Section 2501 imposes a tax for each calendar year on the                
          transfer of property by gift during such calendar year by                    
          individuals.  Section 2512 provides that "[i]f the gift is made              
          in property, the value thereof at the date of the gift shall be              
          considered the amount of the gift."  The standard for determining            
          the value of a gift for purposes of the gift tax is fair market              
          value, i.e., the price at which the property would change hands              
          between a willing buyer and seller, neither being under any                  
          compulsion to buy or sell, and both having knowledge of relevant             
          facts.  See United States v. Cartwright, 411 U.S. 546, 551                   
          (1973); sec. 25.2512-1, Gift Tax Regs.  Valuation is an issue of             
          fact, see, e.g., Estate of Newhouse v. Commissioner, 94 T.C. 193,            
          217 (1990), and petitioners bear the burden of proof, Rule                   
          142(a).  We have found that the fair market value of a G&J share             
          was $10,910 on the gift date.  We shall explain our reasons for              
          that finding.                                                                










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