- 21 - The taxpayer argued that the determination of value for purposes of the estate tax did not conclusively establish fair market value and that her gain or loss upon the sale of the stock should have been computed upon the basis of the stock’s actual fair market value on the date of her mother’s death, if it was established that that value was different from the value at which the stock was included for estate tax purposes. Respondent contended that the value at which the stock was appraised for Federal estate tax purposes, and upon which value that tax was paid, established the fair market value of the stock received by the taxpayer from her mother’s estate. The Board of Tax Appeals agreed with the taxpayer and provided the following reasoning for its decision: Whether the petitioner has established that value is a question of fact. No evidence supporting the application of the blockage rule appears in the record. However, the facts stipulated disclose that the volume of trading in this particular stock at or about the date of death of petitioner’s mother was not only very large, compared with the block of stock to be valued, but that the price trend was upward. In our judgment, this record thus overcomes the presumption of correctness attaching to respondent’s determination of basis. We find that on November 9, 1928, the fair market value of the 2,525 shares of stock sold by petitioner in 1935 was $86.70 per share. [Id.; citation omitted and emphasis added.] Contrary to petitioners’ understanding of Augustus, the Board of Tax Appeals concluded that the taxpayer could use the undiscounted fair market value of the F.W. Woolworth Co. stock as of November 9, 1928, as her basis for income tax purposes becausePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011