- 20 - issues for sale in the retail market. Petitioners claim that the appropriate market is the retail market because the newspapers and comic sections could have been sold to individuals interested in obtaining specific issues or comic strips. Petitioners also claim petitioner and Mr. Fagliano were not the ultimate consumers of the newspapers because they did not purchase the newspapers and comic strips for their own use or subsequent donation. Petitioners contend that the newspapers were purchased with an intent to sell individual issues to consumers interested in purchasing birthday and anniversary issues, or specific comic strips. In Anselmo v. Commissioner, 80 T.C. at 872, we were required to value a donation of 461 low quality gemstones. Jewelry stores would generally not sell the gemstones to individual purchasers but would incorporate the gemstones into separate pieces of jewelry. See id. at 877-878. We rejected the taxpayers’ contention that the stones should be valued individually, based on the price that each individual gemstone would sell for in retail jewelry stores. See id. at 881. We found that such stones were not commonly sold to individual purchasers but rather that the appropriate market for sale was to retail jewelers for use in the manufacture of jewelry. See id. at 882. We reasoned that no one farther down the distribution chain would purchase the gems in their unmodified state and that the gemstones werePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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