Herbert V. Kohler, Jr., et al. - Page 21

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          2032(a)(1).  Property that has not been distributed, sold,                  
          exchanged, or otherwise disposed of within 6 months after the               
          decedent’s death is valued as of the date 6 months after the                
          decedent’s death.  Sec. 2032(a)(2).  The election to use the                
          alternate valuation date may only be made if it has the effect of           
          decreasing the value of the gross estate and the sum of the                 
          estate tax and the generation-skipping transfer tax imposed with            
          respect to decedent’s property.  Sec. 2032(c).                              
               There is an exception for tax-free reorganizations under               
          section 368(a).  Stock exchanged for stock of the same                      
          corporation in a tax-free reorganization is not treated as                  
          distributed, exchanged, sold, or otherwise disposed of under                
          section 2032(a).  Sec. 20.2032-1(c)(1), Estate Tax Regs.                    
          Accordingly, the Kohler stock is not treated as disposed of on              
          the date of the reorganization and is not valued as of May 11,              
          1998, the date of the reorganization, but on the alternate                  
          valuation date instead.  See sec. 2032(a)(2); sec. 20.2032-                 
          1(c)(1), Estate Tax Regs.                                                   
                    2.   Respondent’s Argument That We Should Value Pre-              
                         Reorganization Stock                                         
               Respondent also argues that we should value the pre-                   
          reorganization stock, rather than the post-reorganization stock,            
          as of the alternate valuation date.  We disagree.  Respondent’s             
          argument relies on section 20.2032-1(d), Estate Tax Regs.  This             
          regulation addresses the rules for certain types of property                





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