Estate of Helen M. Noble, Deceased, Leslie H. Noble, Jr., and John R. Noble, Co-Personal Representatives - Page 22

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          that valuation date.  The Court of Appeals for the Eighth                   
          Circuit, the court to which an appeal of this case most likely              
          lies, has held specifically that “In determining the value of               
          unlisted stocks, actual sales made in reasonable amounts at arm’s           
          length, in the normal course of business, within a reasonable               
          time before or after the basic date, are the best criterion of              
          market value.”  Estate of Fitts v. Commissioner, supra at 731;              
          accord Rubber Research, Inc. v. Commissioner, 422 F.2d 1402,                
          1405-1406 (8th Cir. 1970), affg. T.C. Memo. 1969-24; see also               
          Estate of Jung v. Commissioner, 101 T.C. 412, 430-432 (1993);               
          Estate of Scanlan v. Commissioner, T.C. Memo. 1996-331.  Although           
          petitioners observe correctly that the Court of Appeals for the             
          Eighth Circuit stated in Douglas Hotel Co. v. Commissioner,                 
          190 F.2d at 772, that “Evidence of what property sold for within            
          a reasonable time before the material date upon which its fair              
          value is to be determined is universally considered competent,              
          substantial, and persuasive evidence of its fair value on the               
          material date”, this statement was made solely with respect to              
          the evidentiary value of a sale that predated the date of                   
          valuation there.  The Court of Appeals did not state as                     
          petitioners ask us to hold that only sales which occur before a             
          valuation date are probative as to fair market value on the                 
          valuation date.  In fact, the Court of Appeals went on to state             
          specifically as to prior sales that “It is, of course, not the              






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