Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 18




                                       - 18 -                                         
          938, 940 (1982); sec. 20.2031-2(f), Estate Tax Regs.  These                 
          factors cannot be applied with mathematical precision; thus, the            
          weight to be given to each factor must be tailored to account for           
          the specific facts of the case at hand.  See Messing v.                     
          Commissioner, 48 T.C. 502, 512 (1967).  Additionally, the rights,           
          restrictions, and limitations of the various classes of stock               
          must be considered in making valuation determinations.  See                 
          Estate of Newhouse v. Commissioner,  94 T.C. 193, 218 (1990);               
          Estate of Anderson v. Commissioner, T.C. Memo. 1988-511.  The               
          factors to be considered are those that an informed buyer and an            
          informed seller would take into account.  See Hamm v.                       
          Commissioner, 325 F.2d 934, 940 (8th Cir. 1963), affg. T.C. Memo.           
          1961-347.                                                                   
               Rev. Rul. 59-60, 1959-1 C.B. 237, has been widely accepted             
          as setting forth the appropriate criteria to consider in                    
          determining the fair market value of stock of closely held                  
          corporations.  See Estate of Newhouse v. Commissioner, supra at             
          217.  The following factors, which are virtually identical to               
          those listed in section 20.2031-2(f), Estate Tax Regs., are to be           
          considered:                                                                 
                    (a) The nature of the business and the history of                 
               the enterprise from its inception.                                     
                    (b) The economic outlook in general and the                       
               condition and outlook of the specific industry in                      
               particular.                                                            
                    (c) The book value of the stock and the financial                 





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011