Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 78

                                       - 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.                             





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