Michael W. and Caroline P. Huber et al. - Page 17

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          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 see             






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