POLACK v. C.I.R.

No. 03-1295.

366 F.3d 608 (2004)

Leo J. POLACK, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 3, 2004.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Kay Nord Hunt of Minneapolis, MN. Glenn R. Kessel and Barry A. O'Neil appeared on the brief.

Counsel who presented argument on behalf of the appellee was Joan I. Oppenheimer, Justice Dept., Washington, D.C. Jonathan S. Cohen of Washington, D.C. appeared on the brief.

Before LOKEN, Chief Judge, WOLLMAN and HANSEN, Circuit Judges.


LOKEN, Chief Judge.

Leo Polack gave 1,040,000 shares of Zip Sort, Inc. nonvoting common stock to his children. On his 1992 gift tax return, he reported $520,000 in taxable gifts, relying on appraiser Gerald Gray's opinion that the shares were worth $.50 each at the time of the gifts. The Commissioner of Internal Revenue valued the shares at $1.65 each and assessed a gift tax deficiency of $442,200. Polack paid the assessed tax and petitioned the United States Tax...

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