John E. Wall - Page 13




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          value than either petitioners’ return position or the position              
          taken in petitioners’ expert’s revised report.                              
               Relevant Law                                                           
               Section 2512(a) provides that, if a gift is made in                    
          property, “the value thereof at the date of the gift shall be               
          considered the amount of the gift.”  Value for this purpose is              
          fair market value; i.e., the price at which the property would              
          change hands between a willing buyer and a willing seller,                  
          neither being under any compulsion to buy or to sell, and both              
          having reasonable knowledge of relevant facts.  See sec. 25.2512-           
          1, Gift Tax Regs.; see also United States v. Cartwright, 411 U.S.           
          546, 551 (1973).                                                            
               Mr. Wall gave 9,380 shares of Demco nonvoting common stock             
          to 20 trusts for the benefit of his children on January 1, 1992.            
          The cases at hand therefore require us to determine the fair                
          market value of that Demco stock as of the date of the gifts,               
          January 1, 1992.                                                            
               If stock is listed on an exchange or there is otherwise a              
          market for the stock, fair market value generally is determined             
          by reference to the stock’s quoted selling prices or bid and                
          asked prices, at or around the time of the gift.  See sec.                  
          25.2512-2, Gift Tax Regs.  If there is no market for the stock,             
          arm’s-length transactions made in the normal course of business,            
          within a reasonable time before or after the date of the gift,              






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