- 62 - do not believe that the language of the assignment agreement supports petitioners’ argument. The assignment agreement provides a formula to determine not only CFT’s fraction of the gifted interest but also the symphony’s and the children’s (including their trusts’) fractions.44 Each of the assignees had the right to a fraction of the gifted interest based on the value of that interest as determined under Federal gift tax valuation principles. If the assignees did not agree on that value, then such value would be determined (again based on Federal gift tax valuation principles) by an arbitrator pursuant to the binding arbitration procedure set forth in the partnership agreement. 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 44 If f equals the fair market value of the gifted interest (determined by the assignees (or an arbitrator) based on Federal gift tax valuation principles), and the gifted interest is shown as the 82.33369836 percent class B assignee interest in MIL transferred by petitioners, then, assuming f is equal to or greater than $7,044,933, the products of the following formulas show the percentage assignee interests apportioned to the children (including the trusts), the symphony, and CFT, expressed as x1, x2, and x3, respectively: $6, , 910 933 82 33369836% � . = x 1 f $7, , - , , 044 933 6 910 933 82 33369836% � . =x 2 f f-$7, , 044 933 82 33369836% � . = x 3 fPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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