- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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