- 131 - factors to be considered with other relevant factors in determining fair market value, as required under Rev. Rul. 59-60, 1959-1 C.B. 237. As previously discussed, the proper approach to determining fair market value at the agreement date is to disregard the depressive effect of the buy-sell agreement on value. Accordingly, we do not follow SRC’s methodology, which essentially treated the buy-sell agreements’ formula prices as dispositive. Instead, we apply the average marketability discounts for comparable companies to the freely traded values determined by SRC to compute fair market value at the agreement dates. For Belle Fourche, fair market value of a 1-percent interest on August 2, 1971, was $38,270 (or $80.40 per share),49 whereas tax book value on that date was $18,416 (or $38.69 per share). For True Oil, fair market value of an 8-percent partnership interest on August 1, 1973, was $353,100,50 whereas tax book value on that date was $54,653. We therefore conclude that tax book value did not equal fair market value of the transferred interests in Belle Fourche and True Oil as of the buy-sell agreement dates. 49Freely traded value of $120 per share multiplied by 476 shares transferred, the product of which is then discounted by 33 percent (average marketability discount averted to by SRC). 50Freely traded value of $535,000 discounted by 34 percent (average marketability discount averted to by SRC).Page: Previous 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Next
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