Estate of Helen J. Smith, Deceased, Frederic L. Foill II and Cassandra F. Vallery, Co-Executors - Page 5




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               Fair market value is defined as “‘the price at which the               
          property would change hands between a willing buyer and a willing           
          seller, neither being under any compulsion to buy or to sell and            
          both having reasonable knowledge of relevant facts.’”  United               
          States v. Cartwright, 411 U.S. 546, 551 (1973) (quoting sec.                
          20.2031-1(b), Estate Tax Regs.).  Expert opinion sometimes aids             
          the Court in determining valuation; other times, it does not.               
          See Laureys v. Commissioner, 92 T.C. 101, 129 (1989).  We                   
          evaluate such opinions in light of the demonstrated                         
          qualifications of the expert and all other evidence of value in             
          the record.  See Estate of Newhouse v. Commissioner, 94 T.C. 193,           
          217 (1990).  We are not bound, however, by the opinion of any               
          expert witness when that opinion contravenes our judgment.  See             
          id.  We may accept the opinion of an expert in its entirety, see            
          Buffalo Tool & Die Manufacturing Co. v. Commissioner, 74 T.C.               
          441, 452 (1980), or we may be selective in the use of any portion           
          thereof, see Parker v. Commissioner, 86 T.C. 547, 562 (1986).               
               The best method to value a corporation’s stock is to rely on           
          actual arm’s-length sales of the stock within a reasonable period           
          of the valuation date.  See Estate of Andrews v. Commissioner, 79           
          T.C. 938, 940 (1982).  There were no such sales for JFI or FNBW.            
          Thus, all of the experts used less direct methods of valuation.             










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