- 25 - the fair market value of Seminole's net assets on the applicable valuation date were greater than their value as integral parts of Seminole's business, a hypothetical buyer would consider buying the estate's shares at a price that hinged on Seminole's net asset value. Given the fact that Seminole owned some highly valuable assets, we would like to have seen a net asset value analysis. Third, Mr. Tack assumed that Max Weitzenhoffer owned the largest block of Seminole stock on the valuation date and that the per-share value of the estate's shares equaled the per-share value of all other shares. We disagree with both of these assumptions. For starters, the parties stipulated and we have found as a fact that the estate owned the largest block of Seminole stock; i.e., Max Weitzenhoffer and the estate respectively owned 17.30 and 19.86 percent of Seminole's outstanding stock. Although Mr. Smith testified that he and Max Weitzenhoffer considered Max the owner of the shares of his mother, Clara, because she was very old and Max was an only child, we decline to do likewise. It is indisputable that Clara's shares were owned by her, and it is inappropriate to attribute her shares to him. In addition to the well-settled rule that stock is valued without the use of family attribution, see Propstra v. United States, 680 F.2d 1248 (9th Cir. 1982); Estate of Bright v. United States, 658 F.2d 999 (5th Cir. 1981); Estate of Mellinger v. Commissioner, 112 T.C. 26 (1999); Estate of Andrews v. Commissioner, 79 T.C. at 953, Mr. Smith testifiedPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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