- 46 - control;32 thus, Joseph’s stock has not been demonstrated to have the “swing vote characteristics” described in Estate of Winkler v. Commissioner, supra.33 1. Value of Consideration Received by Cyril No calculations were presented by the estate as to the values of the interests if a hypothetical buyer would not gain control as a result of the transfer by Joseph. Accordingly, the estate has failed to present sufficient evidence to establish that the values it assigns to the interests at issue are reliable and accurate under the willing buyer and willing seller standard set forth in the estate and gift tax regulatory provisions. Although it claims to have used the hypothetical willing buyer and willing seller standard, in reality, the estate applied an actual buyer and actual seller standard because it based its valuation on parties in identical positions as Joseph and Cyril. It chose to look at the actual transaction and the logical inference that Cyril would have paid more for Joseph’s minority- interest-voting rights because they would give Cyril voting control when added to his existing minority-interest-voting 32According to the estate, Cyril lacked funds to purchase Joseph’s 28.26 percent of voting stock. The estate states on brief that Cyril lacked the funds to exercise his option to purchase Joseph’s 18,158 shares at $1 per share. 33This Court did not apply a control premium for voting control in a similar situation where the stock being valued had “‘swing vote’ potential”. Estate of Simplot v. Commissioner, 112 T.C. 130, 176-179 (1999).Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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