-24- establishing the amount that a hypothetical willing buyer would have paid a hypothetical willing seller for the subject property as of the valuation date.3 Polack v. Commissioner, supra at 612; First Natl. Bank v. United States, supra at 893-894; Estate of Gilford v. Commissioner, 88 T.C. 38, 52-54 (1987); Estate of Jephson v. Commissioner, 81 T.C. 999, 1002-1003 (1983); Estate of Scanlan v. Commissioner, supra. Unforeseeable subsequent events which fall within this latter category include evidence, such as we have here, “‘of actual sales prices received for property after the date [in question], so long as the sale occurred within a reasonable time ... and no intervening events drastically changed the value of the property.’” Polack v. Commissioner, supra at 612 (quoting First Natl. Bank v. United States, supra at 894); First Natl. Bank v. United States, supra at 893-894; see also Estate of Jung v. Commissioner, supra at 431-432; Estate of Scanlan v. Commissioner, supra. 3 Subsequent events may be considered as evidence of value if they are relevant. Federal law favors the admission of probative evidence, and the test of relevancy under Federal law is designed to reach that end. Sabatino v. Curtiss Natl. Bank, 415 F.2d 632, 636 (5th Cir. 1969). Fed. R. Evid. 401, a rule that applies to this Court under Rule 143(a), states broadly that evidence is “relevant” if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed. R. Evid. 401 favors a finding of relevance, and only minimal logical relevance is necessary if the disputed fact’s existence is of consequence to the determination of the action. Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 587 (1993).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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