Estate of Frazier Jelke III, Deceased, Wachovia Bank, N.A., f.k.a. First Union National Bank, Personal Representative - Page 14

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          Estate of Cruikshank v. Commissioner, 9 T.C. 162, 165 (1947).               
          Indeed, only in rare instances before the repeal of the General             
          Utilities doctrine did courts consider a built-in tax liability             
          in deciding the value of a corporation.  See, e.g., Obermer v.              
          United States, 238 F. Supp. 29, 34-36 (D. Hawaii 1964).                     
               Since the repeal of the General Utilities doctrine, this               
          Court has, on several occasions, considered the impact of built-            
          in capital gain tax liability in valuing corporate shares.  Our             
          approach to adjusting value to account for built-in capital gain            
          tax liability has varied and has often been modified or overruled           
          on appeal.  See, e.g., Estate of Davis v. Commissioner, 110 T.C.            
          530, 552-554 (1998); Estate of Dunn v. Commissioner, T.C. Memo.             
          2000-12, revd. 301 F.3d 339 (5th Cir. 2002); Estate of Jameson v.           
          Commissioner, T.C. Memo. 1999-43, revd. 267 F.3d 366 (5th Cir.              
          2001); Estate of Welch v. Commissioner, T.C. Memo. 1998-167,                
          revd. without published opinion 208 F.3d 213 (6th Cir. 2000);               
          Eisenberg v. Commissioner, T.C. Memo. 1997-483, revd. 155 F.3d 50           
          (2d Cir. 1998); Gray v. Commissioner, T.C. Memo. 1997-67.                   
               In one case, we held that a discount for built-in capital              
          gain tax liability was appropriate because even though corporate            
          liquidation was unlikely, it was not likely the tax could be                
          avoided.  See Estate of Davis v. Commissioner, supra.  However,             
          this Court has not invariably held that discounts or reductions             
          for built-in capital gain tax liability were appropriate where it           






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