- 53 - 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.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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