Bank One Corporation - Page 138

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               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...)           




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