Estate of Josephine T. Thompson, Deceased, Carl T. Holst-Knudsen and the Bank of New York, Executors - Page 23

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                    stocks actively traded in a free and open market,                 
                    either on an exchange or over-the-counter.                        

               Rev. Rul. 59-60, supra, acknowledges that a valuation of               
          closely held stock is not an exact science, but rather involves a           
          question of fact.  In this regard, Rev. Rul. 59-60, states --               

               A sound valuation will be based upon all the relevant                  
               facts, but the elements of common sense, informed                      
               judgment and reasonableness must enter into the process                
               of weighing those facts and determining their aggregate                
               significance.  [1959-1 C.B. 237, 238.]                                 

               As noted, although in valuing the fair market value of                 
          corporate stock the future prospects of a company are relevant,             
          generally an appraisal of fair market value is made without                 
          regard to actual subsequent-year events (i.e., to actual events             
          occurring after the relevant valuation date).  Krapf v. United              
          States, 977 F.2d 1454, 1458 (Fed. Cir. 1992).                               
               The authorities allow, however, that in a number of                    
          situations subsequent-year events may be considered.  For                   
          example, actual subsequent-year events may be considered where              
          such “evidence would make more or less probable the proposition             
          that the property had a certain fair market value on a given                
          date”.  First Natl. Bank of Kenosha v. United States, 763 F.2d              
          891, 894 (7th Cir. 1985).  Subsequent-year events may be                    
          considered where they are “reasonably foreseeable”, Saltzman v.             
          Commissioner, 131 F.3d 87, 93 (2d Cir. 1997), revg. T.C. Memo.              






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