Estate of Aldo H. Fontana, Deceased, Richard A. Fontana and Joan F. Rebotarro, Co-Executors - Page 4




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          Respondent determined that the 50- and 44.069-percent blocks of             
          stock should be valued as a 94.069-percent block.  A 94.069-                
          percent block had a date-of-death value of $4,850,000.  If not              
          aggregated, however, the 50- and 44.069-percent blocks of Ledyard           
          stock had date-of-death values of $2,043,500 and $1,747,500,                
          respectively.                                                               
               The parties submitted this case fully stipulated pursuant to           
          Rule 122.  When the petition was filed, Richard was a resident of           
          Santa Cruz, California, and Joan was a resident of Millbrae,                
          California.  Aldo died a resident of Burlingame, California.                
                                     Discussion                                       
          The value of property includable in a decedent’s gross                      
          estate is generally the fair market value of such property on the           
          decedent’s date of death.  Sec. 2031(a); sec. 20.2031-1(b),                 
          Estate Tax Regs.  For transfer tax purposes, the fair market                
          value is “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.”  Sec. 20.2031-1(b), Estate Tax                
          Regs.                                                                       
               Respondent contends that Aldo’s testamentary GPA is                    
          essentially equivalent to outright ownership, and, as a result,             
          the Ledyard stock held by Trust A should be aggregated, for                 
          valuation purposes, with the stock Aldo owned outright.  The                






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