- 8 - worth 90 cents each. At trial, however, respondent conceded that the shares at issue were worth 88 cents each.5 OPINION The only issue for decision is the value of the 1,040,000 gifted shares of stock in ZSI on December 31, 1992. In deciding the value of gifted shares of stock, we look to “the price at which such 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. 25.2512-1, Gift Tax Regs.6 Although we consider all the relevant facts and circumstances in valuing gifted property, the value of a closely held business is best ascertained by relying on actual arm’s- length sales or transfers, if any, of the stock within a reasonable period of the valuation date. Estate of Fitts v. Commissioner, 237 F.2d 729, 731 (8th Cir. 1956), affg. T.C. Memo. 1955-269; Estate of Andrews v. Commissioner, 79 T.C. 938, 940 (1982). The record contains no evidence of a sale or transfer of 5This concession was mathematical in nature and not in substance different from Mr. Cashion’s reported conclusion that the shares were worth 90 cents each. 6Unless otherwise noted, all section references are to the Internal Revenue Code in effect for the taxable year at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011