Estate of Eileen Kerr Stevens - Page 7




                                        - 7 -                                         
               The parties agree that the fair market value of a 100-                 
          percent interest in the Wells Fargo property was $987,950 on the            
          valuation date.                                                             
                                       OPINION                                        
               For Federal estate tax purposes, property includable in the            
          gross estate is generally included at its fair market value on              
          the date of decedent's death.  See secs. 2031(a) and 2032(a);               
          sec. 20.2031-1(b), Estate Tax Regs.1  Fair market value is                  
          defined as the price that a willing buyer would pay a willing               
          seller, both persons having reasonable knowledge of all relevant            
          facts and neither person being under a compulsion to buy or to              
          sell.  See sec. 20.2031-1(b), Estate Tax Regs.; see also United             
          States v. Cartwright, 411 U.S. 546, 551 (1973); Mandelbaum v.               
          Commissioner, T.C. Memo. 1995-255, affd. without published                  
          opinion 91 F.3d 124 (3d Cir. 1996).  The willing buyer and the              
          willing seller are hypothetical persons, instead of specific                
          individuals and entities, and the characteristics of these                  
          imaginary persons are not necessarily the same as the personal              
          characteristics of the actual seller or a particular buyer.  See            
          Estate of Bright v. United States, 658 F.2d 999, 1005-1006 (5th             
          Cir. 1981).  Fair market value is a factual determination for               



               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect as of the date of decedent’s            
          death, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011