Ian G. Koblick and Tonya A. Koblick - Page 13

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               The gift tax is not imposed upon the receipt of the                    
               property by the donee, nor is it necessarily determined                
               by the measure of enrichment resulting to the donee                    
               from the transfer, nor is it conditioned upon ability                  
               to identify the donee at the time of the transfer.* * *                
          Therefore, in valuing the stock petitioners transferred, we do              
          not focus on what Sealodge actually received.                               
               However, there is authority for us to take into                        
          consideration that petitioners transferred their 45-percent                 
          interest in Sealodge as part of a prearranged plan to transfer a            
          100-percent controlling interest in the company.  In N. Trust Co.           
          v. Commissioner, 87 T.C. 349 (1986), four shareholders agreed to            
          transfer each of their 25-percent noncontrolling interests in               
          their closely held corporation to certain long-term trusts.  The            
          taxpayers contended that the minority discount should be 90                 
          percent.  However, the Court allowed only a 25-percent discount.            
          The Court determined that the taxpayers, by following a                     
          prearranged agreement to transfer the shares simultaneously,                
          “marched in lockstep” and that “So marching, their position was             
          no different than that of a single majority shareholder.”  Id. at           
          388.                                                                        
               Here, we have a similar situation where petitioners and the            
          two other shareholders of Sealodge had a prearranged plan to                
          transfer their minority shares simultaneously.  Therefore, we               
          find that N. Trust Co. is instructive.  Given this determination,           
          we believe respondent’s proposed figure of 22 percent is too                






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