- 13 - buyer and seller are presumed to be dedicated to achieving the maximum economic advantage, which advantage must be achieved in the context of market conditions, the constraints of the economy, and, assuming shares of stock are to be valued, the financial and business experience of the subject corporation existing on the valuation date. Estate of Newhouse v. Commissioner, supra. In valuing shares of stock in a corporation whose shares are not publicly traded, the factors we take into account include net worth, prospective earning power and dividend paying capacity, and other relevant factors, including the economic outlook for the particular industry, the company’s position in the industry, the company’s management, the degree of corporate control represented by the block of stock to be valued, and the value of publicly traded stock or securities of corporations engaged in the same or similar lines of business. See sec. 2031(b); sec. 20.2031-2(f)(2), Estate Tax Regs.; Rev. Rul 59-60, 1959-1 C.B. 237, 238-242. III. Expert Opinions A. Introduction In this case, the parties rely heavily, if not exclusively, on expert testimony to establish the fair market value of the shares as of the valuation date. Indeed, respondent’s only witness was Dr. Spiro. In addition to Dr. Bajaj, petitioner called Gary Heck, decedent’s son and Korbel’s president andPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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