Defining Fair Market Price

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A number of us remember being in Core Course and remembering, yes, remembering, the Federal definition of Fair Market price (FMV). This was back when the Core Course exam was brief essay, fill-in-the-blank, and several choice. Now the examination is multiple choice and remembering the meaning is not a prerequisite to passing the test. However, if you was among the people who remembered the definition, do not stop reading! FMV is probably a little bit more intricate than you remember. First, there can be several definitions of fair market worth relying on the planned usage of the report, and possibly the state or province that you reside in. Second, although there is only one Federal definition of FMV, you should mention the meaning of FMV in a different way depending upon the intended usage of the appraisal report.


The Definition of Fair Market Price


Let's begin with the federal definition of FMV and a short history lesson. The first place to discover guidance is within the IRS guidelines.


A long time ago (pre-1985), the meaning of FMV for a noncash charitable contributions was just:


The definition of FMV for estates was a somewhat different and a broadened definition. It originated from the Estate Tax Regulations:


So, while the definitions were comparable, the IRS argued that there were distinctions in between the 2 definitions. In 1985, the IRS lost that argument in court. In Anselmo v. Commissioner, 757 F. 2d 1208 (11th Cir. 1985), the 11th Circuit Court of Appeals affirming the Tax Court held that "there ought to be no difference in between the measure of reasonable market worth for estate and gift tax and charitable contribution functions.
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