Robert Dallas - Page 11

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          substantially identical to the original notes except that they              
          did not contain the self-canceling clauses.                                 
               After all of the above transactions, the 25,078 shares of              
          series B stock were owned as follows:                                       
                     Individual              Number of shares                         
                    Petitioner               1,878                                    
                    Robert                   4,644                                    
                    David                    4,644                                    
                    Robert’s trust           6,956                                    
                    David’s trust                 6,956                               
          D.   Respondent’s Determinations                                            
               Respondent determined:  (1) The DGA stock at issue had a               
          fair market value of $907 per share on November 29, 1999, and               
          $906 per share on November 29, 2000; (2) each of the 1999 notes,            
          which had a face value of $2,232,000, had a fair market value of            
          $1,687,704; and (3) petitioner is liable for gift tax as a result           
          of these transfers because he received consideration worth less             
          than the fair market value of the transferred stock.                        
                                       OPINION                                        
          A.   Contentions of the Parties                                             
               Petitioner contends that the fact that the price paid for              
          the DGA stock at issue in November 29, 1999, was set by Empire,             
          an unrelated third-party appraiser, means the price was the fair            
          market value.  Petitioner also contends that testimony of his               
          expert witnesses supports Empire’s estimate of the value.                   
          Respondent disagrees with petitioner’s contentions.                         






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