Estate of Lynn M. Rodgers, deceased, First National Bank of Commerce, Executor - Page 15




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          characteristics of those hypothetical persons are not necessarily           
          the same as the individual characteristics of the actual seller             
          and the actual buyer.  See Estate of Curry v. United States, 706            
          F.2d 1424, 1428, 1431 (7th Cir. 1983); Estate of Bright v. United           
          States, 658 F.2d 999, 1005-1006 (5th Cir. 1981); Estate of Davis            
          v. Commissioner, 110 T.C. 530, 535 (1998).  The hypothetical                
          willing buyer and the hypothetical willing seller are presumed to           
          be dedicated to achieving the maximum economic advantage.  See              
          Estate of Curry v. United States, supra at 1428; Estate of Davis            
          v. Commissioner, supra; Estate of Newhouse v. Commissioner, 94              
          T.C. 193, 218 (1990).                                                       
               In the case of unlisted stock, like the stock of Marrero               
          Land, the price at which sales of stock are made in arm's-length            
          transactions in an open market is the best evidence of its value.           
          See Champion v. Commissioner, 303 F.2d 887, 893 (5th Cir. 1962),            
          revg. and remanding T.C. Memo. 1960-51; Estate of Davis v. Com-             
          missioner, supra.  In the instant case, the record does not                 
          disclose any such sales of Marrero Land stock.                              
               Where the value of unlisted stock cannot be determined from            
          actual sale prices, its value generally is to be determined by              
          taking into consideration the company's net worth, prospective              
          earning power, and dividend-paying capacity, as well as other               
          relevant factors, including the company's good will, its position           
          in the industry, its management, the degree of control of the               





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