Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 80

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          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                                
                                f                                                     




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