Charles T. McCord, Jr. and Mary S. McCord, Donors - Page 111

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          according to the definition of the term “fair market value” in              
          the assignment agreement, which is the same definition in the               
          Federal gift tax regulations.1  Thus, the aggregate fair market             
          value of the aggregate assignee percentage interests transferred            
          to petitioners’ children and the trusts, as determined by the               
          majority opinion (i.e., $9,269,089), exceeds the aggregate fair             
          market value of such interests that petitioners transferred to              
          those donees in the assignment agreement (i.e., $6,910,933).                
          Such a result is rejected by and violates that agreement.2                  
               FOLEY, J., agrees with this concurring in part and                     
          dissenting in part opinion.                                                 














               1According to the majority opinion, the fair market value of           
          the 1.49712307-percent assignee interest allocated to the                   
          Symphony is $179,724.  Majority op. p. 64.  However, under the              
          assignment agreement, petitioners transferred to the Symphony a             
          portion of the gifted interest having an aggregate fair market              
          value of at most $134,000, determined according to the definition           
          of the term “fair market value” in the assignment agreement,                
          which is the same definition in the Federal gift tax regulations.           
               2The same is true of the result with respect to the Symphony           
          under the majority opinion’s analysis.                                      





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