- 12 - To determine the value of an unlisted stock, an actual arm’s-length sale of a similar stock within a reasonable time before or after a decedent’s date of death is indicative of its fair market value. Ward v. Commissioner, 87 T.C. 78, 101 (1986). In the absence of arm’s-length sales, fair market value represents the price that a hypothetical willing buyer would pay a hypothetical willing seller, both persons having reasonable knowledge of all relevant facts and neither person compelled to buy or sell. Estate of Hall v. Commissioner, 92 T.C. 312, 335 (1989). It is implicit that the buyer and seller would aim to maximize profit and/or minimize cost in the setting of a hypothetical sale. Estate of Watts v. Commissioner, 823 F.2d 483, 486 (11th Cir. 1987), affg. T.C. Memo. 1985-595; Estate of Newhouse v. Commissioner, 94 T.C. 193, 218 (1990). Therefore, we consider the view of both the hypothetical seller and buyer. Kolom v. Commissioner, 644 F.2d 1282, 1288 (9th Cir. 1981), affg. 71 T.C. 235 (1978). On the original estate tax return, the estate reported $2,246,500 as the discounted value of the Godfrey interest. After respondent determined that the discounted value of the Godfrey interest was $4,835,300, the estate, in an amended estate tax return, reported a reduced discounted value of $1,941,000.6 6 We note that values or discounts reported or claimed on an estate tax return may be considered admissions and, to some (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011