Conrad Janis and Maria G. Janis - Page 21

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               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 because           





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