- 100 - jurisdiction is properly invoked, the fair market value of any property is what this Court determines it is, and a determination relating to a charitable deduction pursuant to section 2522 requires use of the Court’s fair market value of the transferred property. Our determination of fair market value is both fair market value under gift tax principles and as finally determined for Federal gift tax purposes. Moreover, had petitioners’ assignment agreement included the magical words “as finally determined for Federal gift tax purposes”, the majority assert only that they “might have reached a different result.” Majority op. p. 63. Fourth, the majority state: There is simply no provision in the assignment agreement that contemplates the allocation of the gifted interest among the assignees based on some fixed value that might not be determined for several years. Rather, the assignment agreement contemplates the allocation of the gifted interest based on the assignees’ best estimation of that value. [Majority op. pp. 62-63.] The fact is, the assignment agreement effected the transfer of an assignee interest. Petitioners’ assignment agreement could not, and does not, limit the Court’s ability to correctly determine the fair market value of such interest. Nor could the assignment agreement mandate that the donees’ determination of fair market value is conclusive and final for gift tax purposes. Finally, unlike respondent, who contends that the charitable deduction is limited to the $338,967 CFT received in thePage: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
Last modified: May 25, 2011