Estate of Helen M. Noble, Deceased, Leslie H. Noble, Jr., and John R. Noble, Co-Personal Representatives - Page 13

                                        -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 all             






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011