-20- When we increase the $764,600 total auction price paid for the 13 gemstones by the $95,440 of commissions payable to Christie’s on the respective sales,11 and then mark up the sum of $860,040 ($764,600 + $95,440) to reflect the 15- to 25-percent commissions referenced by Carmona, we arrive at a range of retail value for the gemstones from $989,046 ($860,040 x 1.15) to $1,075,050 ($860,040 x 1.25). This range approximates the $1.1 million total fair market value ascertained by Carmona for the 13 gemstones. We recognize that none of the six assets in question actually sold at auction for even the lower estimated value ascertained by Christie’s. We do not consider any of these lower estimated values to be a proper measure of the price at which a hypothetical willing buyer and a hypothetical willing seller would consummate a sale of those assets. The auction was a single auction that included many precious gemstones and many valuable items of jewelry. The mere fact that each of the six assets offered for sale at the auction did not sell there for even its lower estimated value does not mean under the facts herein that its fair market value is necessarily less than its lower estimated value. Cf. CTUW Hollingsworth v. Commissioner, 11 As to the total auction price of $764,600 paid for the 13 loose gemstones, $379,600 was subject to a 15-percent commission and $385,000 was subject to a 10-percent commission (($379,600 x .15) + ($385,000 x .10) = $95,440).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011