Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 43




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          children and those shares, coupled with the shares Cyril was                
          required to leave to his children under the 1951 Agreement,                 
          represented voting control of JM.                                           
               Respondent employed a fair market value approach and                   
          determined the value of the interests transferred and received by           
          Cyril under a hypothetical willing buyer and willing seller                 
          standard.  Fair market value for Federal estate and gift tax                
          purposes is defined as “the price at which the property would               
          change hands between a willing buyer and a willing seller,                  
          neither being under any compulsion to buy or to sell and both               
          having reasonable knowledge of relevant facts.”  United States v.           
          Cartwright, 411 U.S. 546, 551 (1973); Snyder v. Commissioner, 93            
          T.C. 529, 539 (1989); sec. 20.2031-1(b), Estate Tax Regs; sec.              
          25.2512-1, Gift Tax Regs.  The standard is objective; it uses a             
          hypothetical willing buyer and willing seller.  See Propstra v.             
          United States, 680 F.2d 1248, 1251-1252 (9th Cir. 1982); Estate             
          of Newhouse v. Commissioner, supra at 218.  The willing buyer and           
          willing seller are presumed to be dedicated to achieving the                
          maximum economic advantage, and the views of each hypothetical              
          person must be taken into account.  See Estate of Bright v.                 
          United States, 658 F.2d 999, 1005-1006 (5th Cir. 1981); Kolom v.            
          Commissioner, 644 F.2d 1282, 1288 (9th Cir. 1981), affg. 71 T.C.            
          235 (1978); Estate of Newhouse v. Commissioner, supra at 218;               
          Estate of Kaufman v. Commissioner, T.C. Memo. 1999-119.  The                






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