- 23 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011