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IN RE ESTATE OF SEARS

No. 36745.

172 Ohio St. 443 (1961)

IN RE ESTATE OF SEARS: BOWERS, TAX COMMR., APPELLANT, v. STATE, EXR., APPELLEES.

Supreme Court of Ohio.

Decided November 29, 1961.

Attorney(s) appearing for the Case

Mr. Mark McElroy, attorney general, Mr. Milton D. Holmes and Mr. Arthur P. Lambros, for appellant.

Messrs. Thompson, Hine & Flory and Mr. Harvey B. Hobson, for appellee.

BELL, J.

The sole question for determination here is whether the so-called blockage rule should have been applied in this case in determining the value of the Towmotor stock for succession tax purposes.

It was stipulated before the Probate Court that the mean between the bid and asked price of the stock on the date of death was $19.75 per share.

The testimony of two expert witnesses was offered in the...

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