Federal Home Loan Mortgage Corporation - Page 21

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          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).                   






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