Walter L. Gross, Jr., and Barbara H. Gross - Page 20




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          therefore, in calculating a discount for lack of marketability a             
          willing buyer and seller could not have relied upon it.                      
          Dr. Bajaj's sample consisted of 157 observed transactions from               
          January 1, 1980, to October 31, 1996.  Seventy-eight of the                  
          transactions preceded the gift date, and 79 were announced                   
          subsequent to the gift date.  Petitioners' reliance on Estate of             
          Newhouse v. Commissioner, supra, and Estate of Mueller v.                    
          Commissioner, supra, is misplaced.  In Estate of Newhouse we                 
          held: "[t]he focus of a valuation inquiry * * * is on the                    
          existing facts, circumstances, and factors at the valuation date             
          that influence a hypothetical willing buyer and willing seller in            
          determining a selling price."  Estate of Newhouse v.                         
          Commissioner, 94 T.C. at 231.  It is not improper, however, to               
          consider later events to the extent that such events may shed                
          light upon a fact, circumstance, or factor as it existed on the              
          valuation date.  See, e.g., Estate of Gilford v. Commissioner,               
          88 T.C. 38, 52-53 (1987).  We do not interpret Dr. Bajaj to have             
          opined that a willing buyer and a willing seller would or could              
          have relied upon the data he used on the gift date.  Instead,                
          Dr. Bajaj testified that, based on a survey and examination of               
          similar transactions, including transactions that occurred after             
          the gift date, we can determine with reasonable accuracy what                
          willing buyers and willing sellers were doing on the valuation               
          date.  Dr. Bajaj testified                                                   





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