- 93 - 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.Page: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
Last modified: May 25, 2011