Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 108

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          assignment agreement.  The definition of the term “fair market              
          value” for that purpose is the same definition used for Federal             
          gift tax purposes.  See sec. 25.2512-1, Gift Tax Regs.  The last            
          sentence of the above-quoted paragraph merely requires that any             
          dispute with respect to the allocation of the gifted interest               
          among the donees be resolved by arbitration as provided in the              
          partnership agreement.  Nothing in that paragraph mandates that             
          if the fair market value of the gifted interest to which the                
          various donees agreed is ultimately determined not to be the fair           
          market value of that interest, no adjustment may be made to the             
          respective assignee percentage interests allocated to CFT and the           
          other donees, as set forth in the confirmation agreement.  I                
          believe that the majority opinion’s construction of the above-              
          quoted paragraph is strained, unreasonable, and improper and                
          leads to illogical results.                                                 
               In essence, the majority opinion concludes that the donees             
          of the gifted interest made a mistake in determining the fair               
          market value of that interest and that petitioners are stuck with           
          that mistaken value solely for purposes of determining the                  
          respective assignee percentage interests transferred to the                 
          donees under that agreement.                                                
               The majority opinion states that                                       
               the assignment agreement contemplates the allocation of                
               the gifted interest based on the assignees’ best                       
               estimation of that value.  Moreover, each of the                       
               assignees’ percentage interests was determined                         





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