-29- subject to valuation (e.g., the death of a key employee). See Estate of Jung v. Commissioner, 101 T.C. at 431. The record before us does not establish the presence of any material change in circumstances between the date of the third sale and the applicable valuation date. On the basis of the record before us, we believe that the sole adjustment that must be made to the $1.1 million sale price in order to arrive at the fair market value of the subject shares as of the applicable valuation date is for inflation. While the record does not accurately pinpoint the appropriate rate to apply for that purpose, the Bureau of Labor Statistics has stated that the rate of inflation during each of the years 1996 and 1997 was slightly less than 3 percent. See generally Handbook of U.S. Labor Statistics, Employment, Earnings, Prices, Productivity, and Other Labor Data 342 (7th ed. 2004). On the basis of a 3-percent rate, we conclude that the applicable fair market value of decedent’s 116 shares was $1,067,000 ($1,100,000 x (1 - .03)).6 We so hold. 6 Although we do not determine this fair market value on the basis of the methodology applied by Herber, we note that this fair market value approximates the average of the resulting values derived by Herber through the application of his four methods.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011