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          V.  Fair Market Value of the Gifted Interest                                
               A.  Introduction                                                       
                    1.  General Principles                                            
               Section 25.2512-1, Gift Tax Regs., provides that the value             
          of property for gift tax purposes is “the price at which such               
          property would change hands between a willing buyer and a willing           
          seller, neither being under any compulsion to buy or sell, and              
          both having reasonable knowledge of relevant facts.”9  The                  
          willing buyer and willing seller are hypothetical persons, rather           
          than specific individuals or entities, and their characteristics            
          are not necessarily the same as those of the donor and the donee.           
          Estate of Newhouse v. Commissioner, 94 T.C. 193, 218 (1990)                 
          (citing Estate of Bright v. United States, 658 F.2d 999, 1006               
          (5th Cir. 1981)).10  The hypothetical willing buyer and willing             
               9  Relying on Morrissey v. Commissioner, 243 F.3d 1145, 1148           
          (9th Cir. 2001), revg. Estate of Kaufman v. Commissioner, T.C.              
          Memo. 1999-119, and Estate of Smith v. Commissioner, T.C. Memo.             
          1999-368, petitioners contend that the confirmation agreement is            
          conclusive proof of the value of the gifted interest because such           
          agreement was an arm’s-length transaction that was the                      
          “functional equivalent of an actual sale.”  We disagree.  Suffice           
          it to say that, in the long run, it is against the economic                 
          interest of a charitable organization to look a gift horse in the           
          mouth.                                                                      
               10  Although the cited cases involved the estate tax, it is            
          well settled that the estate tax and the gift tax, being in pari            
          materia, should be construed together.  See, e.g., Shepherd v.              
          Commissioner, 283 F.3d 1258, 1262 n.7 (11th Cir. 2002) (citing              
          Harris v. Commissioner, 340 U.S. 106, 107 (1950)), affg. 115 T.C.           
          376 (2000).                                                                 
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