Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 53




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          occurring after the valuation date are relevant evidence of value           
          if they are foreseeable as of the valuation date, see Estate of             
          Jung v. Commissioner, supra at 431, we note that the evidence               
          before us is limited with respect to the impact of such an                  
          analysis.37  Finally, we observe that both experts’ valuations of           
          what Cyril received were made almost 50 years after the fact, and           
          the differences are within the general range of the amount                  
          determined in the notice of deficiency.                                     
               The evidence presented by respondent has not persuaded us              
          that the value of the consideration received by Cyril was less              
          than the value determined in the notice of deficiency.                      
          Accordingly, we hold that the value determined in the notice of             
          deficiency is the correct value of the consideration received by            
          Cyril.                                                                      
                    2.   Value of Remainder Interest Transferred by Cyril             
               If the value of the remainder interest transferred by Cyril            
          was equal to $43,878 or of approximately the same value, then               
          Cyril received “adequate and full consideration” for his                    
          remainder interest.  However, if the value of the remainder                 
          interest was not approximately equal to $43,878, then section               
          2036(a) will apply and the full amount of the three trusts must             
          be included in Cyril’s gross estate.  The notice of deficiency              


               37The parties agree that the Christmas holiday season                  
          represented a large amount of JM’s sales.  However, the extent to           
          which such a factor influences the results under the DCF analysis           
          using either valuation date has not been established by the                 
          evidence in the record.                                                     





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