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More than ever, taxpayers should handle
tax valuations with caution -- and be certain not to raise the
ire of the IRS.
With beefed-up enforcement capabilities,
a string of Tax Court victories and a vigorous assault on undivided
interest discounts, the Internal Revenue Service has recently
been especially vigilant in policing discount issues.
Discounted assets can still pass muster
with the IRS, though, as long as they are adequately supported.
The best support, of course, is an independent valuation with
a professional appraisal.
Pluris professionals have extensive experience
valuing securities and other assets for tax purposes, and also
keep up with the latest decisions from the Tax Court. It's not
enough to know how the Internal Revenue Code and its regulations
are being applied -- valuation professionals need to know how
they are being applied today.
Fair Market Value
An
asset's value is determined by what buyers are willing to pay
for it.
U.S. Treasury regulations (§ 20.2031-1(b))
define "fair market value" as, "[T]he price at
which the property 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 relevant facts."
The ideal for determining fair market
value, then, is to review recent transactions involving similar
assets. Since most assets that require tax valuations are illiquid,
however, it is difficult to find this kind of empirical data.
Our proprietary LiquiStat™
database includes real-world data from transactions facilitated
through the Restricted Securities Trading Network (RSTN). We believe
this data is critical for determining valuations of illiquid assets
and supporting such valuations in an audit or in court. This data,
which is exclusive to Pluris, provides the most in-depth information
available on real market transactions.
Mitigating Audit Risk
Whether
you are filing an estate tax return (Form 706), a gift tax return
(Form 709) or an income tax return, assets must be listed at fair
market value. Listing assets at below fair market value is illegal
and can subject you to tax penalties.
Aggressive discounts for illiquidity
increase the probability of an audit. Conversely, backing the
discount with a well-researched appraisal can help mitigate the
risk of an audit.
Why Pluris?
Pluris
is committed to providing clients with appraisals that determine
the true fair market value of our clients' assets.
Our experience working both for the IRS
and for taxpayers has given us invaluable insights that help us
serve our clients. We are committed to stand by our opinions through
audits, appeals and, if necessary, Tax Court.
For more information about our tax valuations,
contact Pluris today.
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