Estate of Pearl I. Amlie, Deceased, Rodney B. Amlie, Executor - Page 25

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          contends fixed the value for Federal estate tax purposes.                   
          Respondent determined that the FABG stock should be valued at the           
          price paid for it by FABG within a month after decedent's death             
          ($1,489,725) and argues in this regard that the 1995 FSA should             
          be disregarded in ascertaining the stock's value for Federal                
          estate tax purposes.                                                        
               Federal estate tax is imposed on the transfer of the taxable           
          estate of every citizen or resident of the United States.  Sec.             
          2001(a).  The taxable estate is defined as the gross estate less            
          allowable deductions.  Sec. 2051.  The gross estate includes the            
          value of all property owned by a decedent at the time of death.             
          Sec. 2031.  In most instances, the value of the gross estate is             
          the fair market value of the included property as of either the             
          date of death, or the alternate valuation date under section 2032           
          if elected by the executor as is the case here.  Sec. 20.2031-              
          1(b), Estate Tax Regs.                                                      
               An exception to the general valuation rule exists when the             
          property in question is subject to an enforceable restrictive               
          agreement, such as a buy-sell arrangement.  See, e.g., St. Louis            
          County Bank v. United States, 674 F.2d 1207, 1210 (8th Cir.                 
          1982).  For a restrictive agreement to control value for Federal            
          estate tax purposes, it must meet certain requirements set forth            
          in the regulations and the caselaw.  Sec. 20.2031-2(h), Estate              







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