Estate of Helen M. Noble, Deceased, Leslie H. Noble, Jr., and John R. Noble, Co-Personal Representatives - Page 24

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          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).                                                            




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