- 42 - The value of the properties that were transferred to the partnership is includable in decedent’s gross estate under section 2036(a). The properties are included in the estate at the fair market value on the date of decedent’s death, subject to the effect of the BLA. Valuation of the Properties The parties have stipulated the undiscounted values of all seven properties in which decedent had an interest. Three of the properties, Manzanita, Crescent Bay, and Railroad, are not subject to the BLA. The three properties will therefore be included in the value of the estate at stipulated values of $2,261, $265,176, and $115,711, respectively. Property is included in the gross estate at its fair market value, which is “the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts.” Sec. 20.2031-1(b), Estate Tax Regs.; Estate of Newhouse v. Commissioner, 94 T.C. 193, 217 (1990). The determination of fair market value is a question of fact. Estate of Newhouse v. Commissioner, supra at 217. During trial, we received reports and testimony from expert witnesses. We evaluate the opinions of the experts based on the qualifications and reasoning of each expert and on all other credible evidence in the record. See Estate of Jones v.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011