- 61 - length sales, are to be valued by taking into account the company’s net worth, prospective earning power, dividend-paying capacity, and other relevant factors.26 See Estate of Andrews v. Commissioner, 79 T.C. 938, 940 (1982); sec. 20.2031-2(f)(2), Estate Tax Regs.; Rev. Rul. 59-60, 1959-1 C.B. 237. Similarly, the valuation of partnership interests requires (1) a fair appraisal (as of the valuation date) of all assets of the business, tangible and intangible, including goodwill, (2) an analysis of the business’ demonstrated earning capacity, and (3) consideration of other “relevant factors” noted in the stock valuation rules. See sec. 20.2031-3, Estate Tax Regs. The value of property as of the decedent’s date of death is a question of fact requiring the trier of fact to weigh all relevant evidence of value and to draw appropriate inferences. See Estate of Newhouse v. Commissioner, supra; Hamm v. Commissioner, 325 F.2d 934, 938 (8th Cir. 1963), affg. T.C. Memo. 1961-347. B. Development of Legal Standards The legal standards for allowing buy-sell agreements to determine estate tax value have developed over time. Some cases 26“Other relevant factors” listed in the regulation include: (1) Goodwill of the business, (2) economic outlook in the particular industry, (3) company’s position in the industry and its management, (4) degree of control represented by block of stock to be valued, and (5) values of securities of corporations engaged in the same or similar lines of business that are listed on a stock exchange. See sec. 20.2031-2(f)(2), Estate Tax Regs.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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