Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 110

                                       - 92 -                                         
               The majority opinion, using the definition of fair market              
          value in the Federal gift tax regulations and the assignment                
          agreement, determines that the fair market value of the gifted              
          interest used by the donees is not the fair market value of such            
          interest.  It follows that the assignee percentage interest                 
          allocated to CFT in the confirmation agreement in March 1996 (as            
          well as the respective assignee percentage interests allocated in           
          that confirmation agreement to petitioners’ children, the trusts,           
          and the Symphony) is not the assignee percentage interest that              
          petitioners transferred in the assignment agreement to that donee           
          on January 12, 1996.                                                        
               The position of the majority opinion conflicts with the                
          provisions of the assignment agreement as to the respective                 
          portions of the gifted interest that petitioners transferred                
          under that agreement to petitioners’ children, the trusts, the              
          Symphony, and CFT.  Consequently, that position leads to results            
          that are in violation of what petitioners transferred to the                
          donees under that agreement.  According to the majority opinion,            
          the aggregate fair market value of the aggregate 77.21280956-               
          percent assignee interests allocated to petitioners’ children and           
          the trusts is $9,269,089.  Majority op. p. 64.  However, under              
          the assignment agreement, petitioners transferred to their                  
          children and the trusts portions of the gifted interest having an           
          aggregate fair market value equal to $6,910,933, determined                 






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