- 7 - Regs.; United States v. Cartwright, 411 U.S. 546, 550-551 (1973); Johnson v. Commissioner, 85 T.C. 469 (1985). Fair market value is a question of fact to be determined from an examination of the entire record. See Lio v. Commissioner, 85 T.C. 56, 66 (1985), affd. sub nom. Orth v. Commissioner, 813 F.2d 837 (7th Cir. 1987). Fair market value is a question of judgment rather than mathematics. See Hamm v. Commissioner, 325 F.2d 934, 940 (8th Cir. 1963), affg. T.C. Memo. 1961-347. Valuation is an approximation derived from all the evidence. See Helvering v. Safe Deposit & Trust Co., 316 U.S. 56, 66-67 (1942). No one from IMS or any of the appraisers testified at trial. Petitioner presented no evidence to refute the conclusions of respondent's appraisers or to show why the $80,000 value determined by his appraiser grossly exceeded the $47,960 value determined through two reputable "blue book" guides. Weighing heavily against petitioner's $80,000 valuation claim is the sale of the boat for $35,000 by IMS less than 1 month after IMS acquired it from him. On this record, the Court is satisfied that the boat did not have a value in excess of $47,960 on the date of the bargain sale on December 30, 1994. Respondent, therefore, is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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