Estate of James Waldo Hendrickson - Page 35




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          benchmark in the case of publicly traded stock, recent arm’s-                
          length transactions generally are the best evidence of fair                  
          market value in the case of unlisted stock.  See Estate of                   
          Andrews v. Commissioner, 79 T.C. 938, 940 (1982); Duncan Indus.,             
          Inc. v. Commissioner, 73 T.C. 266, 276 (1979); Estate of Branson             
          v. Commissioner, T.C. Memo. 1999-231.  Where the value of                    
          unlisted stock cannot be determined from actual sale prices,                 
          value is best determined by taking into consideration the value              
          of listed stock in comparable corporations engaged in the same or            
          a similar line of business, as well as all other factors bearing             
          on value, including analysis of fundamentals.  See sec. 2031(b);             
          Estate of Newhouse v. Commissioner, supra at 217; Estate of Hall             
          v. Commissioner, supra at 336.  The factors that we must consider            
          are those that an informed buyer and an informed seller would                
          take into account.  See Hamm v. Commissioner, 325 F.2d 934, 940              
          (8th Cir. 1963), affg. T.C. Memo. 1961-347.  Rev. Rul. 59-60,                
          1959-1 C.B. 237, "has been widely accepted as setting forth the              
          appropriate criteria to consider in determining fair market                  
          value", Estate of Newhouse v. Commissioner, supra at 217; it                 
          lists the following factors to be considered, which are virtually            
          identical to those listed in section 20.2031-2(f), Estate Tax                
          Regs.:                                                                       
               (a) The nature of the business and the history of the                   
               enterprise from its inception.                                          
               (b) The economic outlook in general and the condition                   
               and outlook of the specific industry in particular.                     




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