-216- determined by a forced sale price. Nor is the fair market value of an item of property to be determined by the sale price of the item in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate. Thus, in the case of an item of property includible in the decedent’s gross estate, which is generally obtained by the public in the retail market, the fair market value of such an item of property is the price at which the item or a comparable item would be sold at retail. For example, the fair market value of an automobile (an article generally obtained by the public in the retail market) includible in the decedent’s gross estate is the price for which an automobile of the same or approximately the same description, make, model, age, condition, etc., could be purchased by a member of the general public and not the price for which the particular automobile of the decedent would be purchased by a dealer in used automobiles. * * * The value is generally to be determined by ascertaining as a basis the fair market value as of the applicable valuation date of each unit of property. For example, in the case of shares of stock or bonds, such unit of property is generally a share of stock or a bond. * * * [Sec. 20.2031-1(b), Estate Tax Regs.] For Federal gift tax purposes, the relevant regulations contain virtually identical language. See sec. 25.2512-1, Gift Tax Regs. Thus, in the case of Federal estate and gift taxes, the regulations provide that the relevant market for the hypothetical sale is the “public” market or, in other words, the retail market in which the item is sold to the ultimate consumer; i.e., the customer who does not hold the item for subsequent resale.72 72 In the case of the Federal income tax, more specifically, charitable contributions, the regulations set forth rules for determining the value of items which a taxpayer sells in the course of its business. The regulations provide: (continued...)Page: Previous 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 Next
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