- 30 - full fair market value for the securities without any discount. We agree with the Fifth Circuit that “correctly applying the willing buyer-willing seller test demonstrates that a hypothetical buyer would not consider the income tax liability to a beneficiary on the income in respect of a decedent since he is not the beneficiary and thus would not be paying the income tax.” Estate of Smith v. United States, 391 F.2d at 628. The estate argues that Estate of Smith was decided under a different theory; i.e., that the case did not consider the marketability discount argument. The estate also contends that the reasoning in Estate of Smith fails to understand the nature of IRA accounts. We have already independently considered and rejected the marketability discount theory. Further, the estate’s argument that in general the tax consequences of distributing the IRAs should be taken into account under the willing buyer-willing seller test was the exact argument considered by the court in Estate of Smith. Finally, the estate’s assertion that Estate of Smith fails to understand the nature of IRAs is contradicted by the estate’s misstatements of the nature of IRAs. B. Section 691(c) The Fifth Circuit Court of Appeals, as are we, was convinced of the relevance of our holding in Estate of Robinson v. Commissioner, 69 T.C. at 224, in particular the reasoning utilizing section 691(c). In Estate of Robinson, this CourtPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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