J.C. Shepherd - Page 12




                                       - 12 -                                         
         by the property received by the donee or upon the measure of                 
         enrichment to the donee.  See sec. 25.2511-2(a), Gift Tax Regs.              
              For gift tax purposes, the value of the transferred property            
         is generally 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); see sec. 25.2512-1, Gift Tax Regs.                     
              The determination of property value for gift tax purposes is            
         an issue of fact, and all relevant factors must be considered.               
         See Anderson v. Commissioner, 250 F.2d 242, 249 (5th Cir. 1957),             
         affg. in part and remanding T.C. Memo. 1956-178; LeFrak v.                   
         Commissioner, T.C. Memo. 1993-526.                                           
         B.  The Parties’ Contentions                                                 
              The parties disagree about the characterization, for gift               
         tax purposes, of petitioner’s transfers of the leased land and               
         bank stock.  The parties also disagree about the fair market                 
         value of the leased land at the time petitioner transferred it.              
         In addition, the parties disagree as to what valuation discounts             
         should apply to petitioner’s transfer of the leased land and bank            
         stock.  The nub of the parties’ disagreement in this last regard             
         is whether petitioner’s transfers to the partnership should                  
         reflect minority and marketability discounts attributable to the             
         sons’ minority-interest status in the partnership.                           






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011