Estate of Helen M. Noble, Deceased, Leslie H. Noble, Jr., and John R. Noble, Co-Personal Representatives - Page 28

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          of value.”(citing Elmhurst Cemetery Co. v. Commissioner, 300 U.S.           
          37, 39 (1937), and Rubber Research, Inc. v. Commissioner, supra             
          at 1406))), affg. T.C. Memo. 1974-285; accord Estate of Scanlan             
          v. Commissioner, T.C. Memo. 1996-331.  To be sure, petitioners              
          even advocate that an actual sale is the best indicium of that              
          fair market value.  They state in brief that expert testimony               
          need not be considered upon the finding of a contemporaneous,               
          arm’s-length sale; such a sale of property, they state, is                  
          “indicative of its fair market value as a matter of law”.                   
               When a subsequent event such as the third sale before us is            
          used to set the fair market value of property as of an earlier              
          date, adjustments should be made to the sale price to account for           
          the passage of time as well as to reflect any change in the                 
          setting from the date of valuation to the date of the sale.  See            
          Estate of Scanlan v. Commissioner, supra.  These adjustments are            
          necessary to reflect happenings between the two dates which would           
          affect the later sale price vis-a-vis a hypothetical sale on the            
          earlier date of valuation.  These happenings include:                       
          (1) Inflation, (2) changes in the relevant industry and the                 
          expectations for that industry, (3) changes in business component           
          results, (4) changes in technology, macroeconomics, or tax law,             
          and (5) the occurrence or nonoccurrence of any event which a                
          hypothetical reasonable buyer or a hypothetical reasonable seller           
          would conclude would affect the selling price of the property               






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