J.C. Shepherd - Page 58




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          v. Commissioner, 235 F.2d 149 (9th Cir. 1956); Ketteman Trust v.            
          Commissioner, 86 T.C. 91 (1986).  In each of these cases,                   
          property was transferred to a corporation for less than full                
          consideration.  All or part of the stock of the transferee                  
          corporations was owned by persons other than the transferor.  In            
          each case, the value of the gift was found to be the fair market            
          value of the property transferred to the corporation, minus any             
          consideration received by the transferor.  None of these cases              
          allowed a discount based upon a hypothetical assumption that                
          fractionalized interests in the transferred property were given             
          to the individual shareholders of the transferee corporations.              
          Unfortunately, the majority does not follow its own formula, as             
          quoted above, or the above-cited cases.                                     
               The only case cited by the majority where a discount was               
          given based on a hypothetical assumption that fractionalized                
          interests in the transferred property were given to the indirect            
          beneficiaries (shareholders or partners) is Estate of Bosca v.              
          Commissioner, T.C. Memo. 1998-251.  I believe that Estate of                
          Bosca was incorrectly decided on this point.  That opinion                  
          improperly relied upon cases that dealt with determining the                
          number of annual gift tax exclusions and blockage discounts.                
               Opinions dealing with the number of annual gift tax                    
          exclusions under section 2503(b)3 have no application in                    


               3Sec. 2503(b) provides in part:                                        
                    SEC. 2503(b). Exclusions From Gifts.--In the case                 
                                                             (continued...)           


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