- 7 - approximately 3.01 acres of Phase 5 to Gramor Langer Farms LLC (Gramor). C. The Estate Tax Return The estate timely filed a Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return (the estate tax return). As reflected on the estate tax return, the estate valued LFLLC’s real property at $8,180,000 as of the date of death and determined that the value of decedent’s 29.19-percent interest in LFLLC, after all applicable discounts, was $837,000. On April 2, 2004, respondent issued the estate a notice of deficiency. Respondent determined that decedent’s 29.19-percent interest in LFLLC was $2,606,700 rather than $837,000. In response to the notice of deficiency, the estate filed a petition with this Court on June 28, 2004. OPINION For Federal estate tax purposes, property includable in the gross estate is generally included at its fair market value on the date of the decedent’s death. See secs. 2031(a) and 2032(a); sec. 20.2031-1(b), Estate Tax Regs.4 Fair market value is “the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant 4 Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011