- 60 - Total NAV $17,673,760 Less: Class A preference (20,000) “Net” NAV 17,653,760 1 percent of net NAV 176,538 Less: 15-percent minority interest discount (26,481) Marketable value 150,057 Less: 20-percent marketability discount (30,011) FMV of 1-percent interest 120,046 FMV of 41.16684918-percent 4,941,916 interest VI. Charitable Contribution Deduction for Transfer to CFT A. Introduction The gift tax is imposed on the value of what the donor transfers, not what the donee receives. Shepherd v. Commissioner, 115 T.C. 376, 385 (2000) (citing, inter alia, Robinette v. Helvering, 318 U.S. 184, 186 (1943)), affd. 283 F.3d 1258 (11th Cir. 2002). In essence, petitioners contend that because (1) they transferred to CFT a portion of the gifted interest corresponding to the excess of the fair market value of that interest over $7,044,933, and (2) we have determined the fair market value of the gifted interest to be $9,883,832, it follows from the maxim beginning this paragraph that they are entitled to a charitable contribution deduction in the amount of $2,838,899 for their gift to CFT. Because the assignment agreement does not equate the term “fair market value” with the term “fair market value as finally determined for Federal gift tax purposes,” petitioners’ argument must fail.Page: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
Last modified: May 25, 2011