-13- representative of the fair market value of that stock for Federal tax purposes, the fair market value of nonpublicly traded stock is “best ascertained” through arm’s-length sales near the valuation date of reasonable amounts of that stock, as long as both the buyer and the seller were willing and informed and the sales did not include a compulsion to buy or to sell. Polack v. Commissioner, 366 F.3d 608, 611 (8th Cir. 2004), affg. T.C. Memo. 2002-145; accord Estate of Fitts v. Commissioner, supra at 731 (such arm’s-length sales are the “best criterion of market value”); Estate of Hall v. Commissioner, 92 T.C. 312, 336 (1989) (same); Estate of Andrews v. Commissioner, 79 T.C. 938, 940 (1982) (same); Duncan Indus., Inc. v. Commissioner, 73 T.C. 266, 276 (1979) (same); Palmer v. Commissioner, 62 T.C. 684, 696-698 (1974) (“Ordinarily, the price at which the same or similar property has changed hands is persuasive evidence of fair market value. * * * Where the parties to the sale have dealt with each other at arm’s length and the sale is within a reasonably close period of time to the valuation date, the price agreed upon is considered to have accurately reflected conditions in the market.”), affd. 523 F.2d 1308 (8th Cir. 1975). When nonpublicly traded stock cannot be valued from such arm’s-length sales, its value is then best determined by analyzing the value of publicly traded stock in comparable corporations engaged in the same or a similar line of business, as well as by taking into account allPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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