- 42 - 1989-231; see also Estate of Simplot v. Commissioner, 112 T.C. at 176-179. Control is an element which must be taken into account for purposes of determining the fair market value of corporate stock, over and above the value attributable to the corporation’s underlying assets using traditional valuation methodologies. See Philip Morris, Inc. v. Commissioner, 96 T.C. 606, 628 (1991), affd. 970 F.2d 897 (2d Cir. 1992). The rationale for applying a control premium is: The payment of a premium for control is based on the principle that the per share value of minority interests is less than the per share value of a controlling interest. A premium for control is generally expressed as the percentage by which the amount paid for a controlling block of shares exceeds the amount which would have otherwise been paid for the shares if sold as minority interests * * * [Estate of Salsbury v. Commissioner, T.C. Memo. 1975-333; citation omitted.] Before analyzing the positions of each party, we note the facts that: (1) Cyril had a higher percentage of voting control in JM than Joseph prior to the 1951 Agreement, and Cyril’s total shares were worth more outright under either party’s valuation standards; (2) Cyril received only a life estate in one-half of Joseph’s shares, although he obtained voting control of all of Joseph’s shares; (3) Cyril was required to transfer his shares to his children on his death and could not dispose of the shares during his lifetime for his own personal gain; and (4) under the 1951 Agreement, Joseph agreed to will his shares to Cyril’sPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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