- 21 - I. The Values of Petitioner’s Favorable Financing Intangible Assets A. Petitioner’s Valuation of Its Favorable Financing Intangible Assets as of January 1, 1985 The fair market value of property is a question of fact. Bank One Corp. v. Commissioner, 120 T.C. 174, 306 (2003); Estate of Jung v. Commissioner, 101 T.C. 412, 423-424 (1993); Estate of Newhouse v. Commissioner, 94 T.C. 193, 217 (1990). Fair market value is defined as “‘the price at which the property would change hands between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts.’” United States v. Cartwright, 411 U.S. 546, 551 (1973) (quoting section 20.2031- 1(b), Estate Tax Regs.); Bank One Corp. v. Commissioner, supra at 209; Estate of Newhouse v. Commissioner, supra at 217; see also sec. 20.2031-1(b), Estate Tax Regs.; sec. 25.2512-1, Gift Tax Regs. This is an objective standard that uses a hypothetical willing buyer and seller. Estate of Kahn v. Commissioner, 125 T.C. 227, 231 (2005). This Court considers all relevant evidence in the record when deciding the value of property. Bank One Corp. v. Commissioner, supra at 306; Estate of Jung v. Commissioner, supra at 431-432. As valuation is not an exact science, the taxpayer is not required to establish the precise value of the asset. See Estate of Jung v. Commissioner, supra at 423-424; Snyder v. Commissioner, 93 T.C. 529, 545 (1989).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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