Estate of Helen M. Noble, Deceased, Leslie H. Noble, Jr., and John R. Noble, Co-Personal Representatives - Page 18

                                        -18-                                          
          2032(a), that applicable valuation date is the date of decedent’s           
          death; i.e., September 2, 1996.  See sec. 20.2031-1(b), Estate              
          Tax Regs.                                                                   
               The record reflects three sales of Glenwood Bank stock near            
          the applicable valuation date.  The first two sales involved the            
          10 shares and 7 shares, respectively, which were sold before the            
          valuation date.  The third sale involved the 116 shares sold by             
          the estate after the valuation date.  In each of these sales, the           
          buyer was Bancorporation.                                                   
               Petitioners conceded at trial that they bear the burden of             
          proof in this case.  They acknowledge that an arm’s-length sale             
          of property near the valuation date is the best indicium of its             
          fair market value on the valuation date, but, they assert, only             
          certain sales near a valuation date are “competent, substantial             
          and persuasive evidence” of that fair market value.  According to           
          petitioners, sales may be probative of fair market value only if            
          they occur within a reasonable time before the valuation date.              
          Petitioners primarily support this position with a citation of              
          Douglas Hotel Co. v. Commissioner, 190 F.2d 766, 772 (8th Cir.              
          1951), affg. 14 T.C. 1136 (1950).  They also assert that a prior            
          sale of property conclusively sets the fair market value of that            
          property on a later valuation date even if the seller was not               
          knowledgeable of all relevant facts as to that property and even            
          if the property that was the subject of the sale was not of                 






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