Estate of Elma Middleton Dailey, Deceased, Donor, K. Robert Dailey, II, Executor - Page 4




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                               Number of     Value per    Total Value                 
               Company        Shares           Share                                  
               Exxon Corp.    10,000         $102.88        $1,028,750                
               American                                                               
               Veterinary Corp. 1,000        10.88           10,875                   
               Olde Money                                                             
               Market Fund    7,978          1.00           7,978                     
          The FLP had substantial unrealized capital gains due to the                 
          increase in the value of the Exxon stock.  On April 17, 1997,               
          Mrs. Dailey’s attorney filed, and respondent received, a gift tax           
          return reflecting the gifts of the 45- and 15-percent limited               
          partnership interests to Mr. Dailey and his wife.  On the gift              
          tax return, Mrs. Dailey reported a 40-percent discount from the             
          net asset value (NAV) of the partnership’s assets.                          
                                       OPINION                                        
               The FLP was validly formed pursuant to Texas law, and we do            
          not disregard it for tax purposes.  See Estate of Strangi v.                
          Commissioner, 115 T.C. 478, 487 (2000); Knight v. Commissioner,             
          115 T.C. 506, 513-515 (2000).                                               
               The parties agree that, pursuant to section 7491(a),                   
          petitioners have introduced credible evidence, and respondent               
          shall have the burden of proof, relating to the valuation issue.            
               Fair market value is the price at which property would                 
          change hands between a willing buyer and a willing seller,                  
          neither being under any compulsion to buy or sell and both having           
          reasonable knowledge of relevant facts.  Sec. 20.2031-1(b),                 
          Estate Tax Regs.; sec. 25.2512-1, Gift Tax Regs.   On brief, the            




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