Estate of Sam Homer Marmaduke - Page 6




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          of death.  See sec. 2031(a); sec. 20.2031-1(b), Estate Tax Regs.            
          Fair market value is defined as the price at which property would           
          change hands between a willing buyer and a willing seller,                  
          neither being under any compulsion to buy or sell and both having           
          reasonable knowledge of relevant facts.  See United States v.               
          Cartwright, 411 U.S. 546, 551 (1973); Estate of Brookshire v.               
          Commissioner, T.C. Memo. 1998-365; sec. 20.2031-1(b), Estate Tax            
          Regs.                                                                       
               Fair market value involves a question of fact, and facts               
          reasonably known on the valuation date are particularly relevant.           
          See Estate of Newhouse v. Commissioner, 94 T.C. 193, 217-218                
          (1990); Estate of Brookshire v. Commissioner, supra.  Arm's-                
          length sales of stock within a reasonable time before and after             
          the appropriate valuation date are strong indicators of fair                
          market value.  See Estate of Andrews v. Commissioner, 79 T.C.               
          938, 940 (1982); Estate of Brookshire v. Commissioner, supra.               
               Additional factors that are relevant in valuing shares of              
          stock in closely held corporations are:  The financial condition            
          of the corporation, the value of listed stock of corporations               
          engaged in similar lines of business, the corporation's net                 
          worth, the size of the block of stock to be valued, and the                 
          earning and dividend paying capacity of the corporation.  See               
          Estate of Newhouse v. Commissioner, supra at 217-218; Estate of             
          Hall v. Commissioner, 92 T.C. 312, 336 (1989); Estate of Wright             





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