Estate of Mildred Green, Deceased, Thomas R. Green, Executor - Page 15

                                       - 15 -                                         
          compulsion to buy or to sell and both having reasonable knowledge           
          of relevant facts.  Id.; see United States v. Cartwright, 411               
          U.S. 546, 551 (1973).                                                       
               For unlisted stocks, the best indicators of fair market                
          value are actual arm’s-length sales in the normal course of                 
          business within a reasonable time before or after the date of               
          death.  Estate of Andrews v. Commissioner, 79 T.C. 938, 940                 
          (1982).  Where actual sale prices are unavailable, the stock                
          value is determined by weighing the corporation’s net worth,                
          prospective earning power, dividend-paying capacity, and other              
          relevant factors.  Id.; sec. 20.2031-2(f), Estate Tax Regs.                 
          Valuation of stock is a purely factual determination; there is no           
          one universally applicable formula.  Hamm v. Commissioner, 325              
          F.2d 934, 938 (8th Cir. 1963), affg. T.C. Memo. 1961-347.                   
               The parties dispute the fair market value of decedent’s                
          3,276 shares of RBI stock.  Respondent, who determined in the               
          notice of deficiency that the fair market value of the shares was           
          $1,048,320 ($320 per share), now contends that the fair market              
          value was $860,000 ($262.52 per share).  The estate, which                  
          reported on the estate tax return that the fair market value of             
          the shares was $163,800 ($50 per share), now contends that the              
          fair market value was $655,200 ($200 per share).7                           


               7 Generally, the estate bears the burden of proof.  See Rule           
          142(a).  Effective for court proceedings arising in connection              
                                                             (continued...)           




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011