(a) Care should be taken to arrive at an accurate valuation of any interest in a business which the donor transfers without an adequate and full consideration in money or money's worth. The fair market value of any interest in a business, whether a partnership or a proprietorship, is the net amount which a willing purchaser, whether an individual or a corporation, would pay for the interest to a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of the relevant facts. The net value is determined on the basis of all relevant factors including—
(1) A fair appraisal as of the date of the gift of all the assets of the business, tangible and intangible, including good will;
(2) The demonstrated earning capacity of the business; and
(3) The other factors set forth in paragraph (f) of § 25.2512-2 relating to the valuation of corporate stock, to the extent applicable.
Special attention should be given to determining an adequate value of the good will of the business. Complete financial and other data upon which the valuation is based should be submitted with the return, including copies of reports of examinations of the business made by accountants, engineers, or any technical experts as of or near the date of the gift.
(b) [Reserved]
Notes of Decisions
Est. of Johnson v. Comm'r, 77 T.C. 120 (Tax Ct. 1981).
· cites it 2× “) and restrictions on sales of interests in an unincorporated business (see sec. 20.2031-3 , Estate Tax Regs.”
Estats of Bosca v. Comm'r, 1998 T.C. Memo. 251 (Tax Ct. 1998).
· cites it 2× “The value of the property is the price at which it would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of the relevant facts.”
Barber v. Comm'r, 22 T.C.M. 1025 (Tax Ct. 1963).
· cites it 2× “2512-3, Income Tax Regs. *158 ] The parties agree on brief that the value of the partnership on March 31, 1956, was not less than $921,180.”
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