Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 42




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          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’s                 





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