- 26 - OPINION Issues 1 and 2. Valuation of J.R. Simplot Co. Stock Our fundamental task is to determine the fair market value of 18 shares of class A voting stock and 3,942.048 shares of class B nonvoting stock in J.R. Simplot Co. owned by decedent at the time of his death. In performing this task, we must decide whether under the facts and circumstances presented, a premium should be accorded to the voting privileges of the class A voting stock and, if so, the amount of that premium. Petitioner took the position that no premium should be given to the voting privileges of the class A stock and thus in the estate tax return valued both the class A voting stock and class B nonvoting stock at $2,650 per share, or an aggregate fair market value of $47,700 for the class A voting stock and $10,446,427 for the class B nonvoting stock. On the other hand, respondent asserts that the class A voting stock is entitled to a premium for voting privileges and in the statutory notice of deficiency determined an $801,994.83 per-share value for the class A voting stock, for a total value held by decedent in that class of $14,435,907, and a $3,585.50 per-share value for the class B nonvoting stock, for a total value held by decedent in that class of $14,134,213. On brief, respondent concedes that the values of decedent's class A and class B shares do not exceed $11,090,094 and $13,887,007, respectively. It is well settled that a presumption of correctness attaches to respondent's notice of deficiency. See Helvering v. Taylor, 293 U.S. 507, 515 (1935); Cohen v. Commissioner, 266 F.2d 5, 11-12 (9thPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011