Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 104

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               CHIECHI, J., concurring in part and dissenting in part:  I             
          concur in result with respect to the portions of the majority               
          opinion under the headings “IV.  Extent of the Rights Assigned”             
          and “VII.  Effect of Children’s Agreement To Pay Estate Tax                 
          Liability”.                                                                 
               I cannot responsibly cast an affirmative vote with respect             
          to the portion of the majority opinion under the heading “V.                
          Fair Market Value of the Gifted Interest”.  The determination of            
          fair market value is a factual determination and is necessarily a           
          matter of judgment and approximation.  See, e.g., Estate of Davis           
          v. Commissioner, 110 T.C. 530, 537 (1998).  I am not in a                   
          position to state that I agree with every judgment and every                
          approximation made by the majority opinion in determining the               
          fair market value of the gifted interest.  Moreover, because                
          valuation is a factual matter and necessarily an approximation              
          and a matter of judgment, I do not believe that the Court is                
          bound in other cases by the judgments and approximations in the             
          majority opinion.                                                           
               I dissent from the portion of the majority opinion under the           
          heading “VI.  Charitable Contribution Deduction for Transfer to             
          CFT” and from the ultimate holding of the majority opinion under            
          the heading “VIII.  Conclusion”.  Although I join Judge Foley’s             
          dissent, I write separately to express additional reasons for my            








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