Estate of Helen A. Deputy, Deceased, William J. Deputy, Co-Executor - Page 12

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               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...)           




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