# Campanari v. Commissioner

> United States Tax Court · July 23, 1945 · 5 T.C. 488

URL: https://www.frixlaw.com/law-library/cases/4480863

## Case

- **Full name:** Estate of Nina M. Campanari, Christopher C. Campanari and Estella Maresi, Executors v. Commissioner of Internal Revenue
- **Court:** United States Tax Court
- **Decided:** July 23, 1945
- **Citations:** 5 T.C. 488; 1945 U.S. Tax Ct. LEXIS 116
- **Precedential status:** Published
- **Opinion:** Dissent by Murdock
- **Judges:** Arundell,Mellott
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4480863

## Opinion text

Murdock, J., dissenting: I dissent from the holding that the fair market value of decedent’s undivided one-third interest in the five pieces of real estate is 12% percent less than one-third of the fair market value of the entire five pieces. Perhaps an owner of an undivided one-third interest, forced to sell, might not get more than 87% percent of one-third of the value of the whole. However, in determining fair market value the existence of a willing seller, not forced to sell, and also a willing buyer, is assumed. I can not believe that the holder of a one-third interest who was not forced to sell would accept an offer of a willing buyer at 87% percent of one-third of the value of the whole.
TurNer, J., agrees with this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4480863. Public record. Not legal advice.