- 17 - transactions in the record is neutralized by the fact that many of the transactions took place between parties that were hardly related or unrelated and who had fiduciary obligations to obtain the best price. We view the variety of relationships among the shareholders in Huber as a positive indicator of the existence of arm’s-length sales. IV. Compulsion Respondent argues that the sales of the shares from the Brown estate and the Foster trust were under “compulsion” and thus not representative of arm’s-length sales. Respondent relies on Acme Mills, Inc. v. Commissioner, 6 B.T.A. 1065 (1927). However, in Acme Mills, the Court found that the taxpayers were under “very decided pressure” from their creditors to sell the property in order to settle creditor claims. Id. at 1067. There was no such pressure here. The Brown estate sold its shares to pay the estate tax; there was no immediate time constraint. The executors had been planning for a number of years to sell the shares and were waiting for their tax obligations to be resolved so that they knew how much money was needed. Once a valuation of the estate was agreed upon with the IRS, the estate had 5 months to pay the liability. The estate was able to sell the shares in just 1 month. Mr. Seely testified that he felt no pressure to sell the estate’s shares and that he raised the necessary funds to pay the estate tax within a matter of weeks. We fail to seePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011