
    Matter of the Estates of Richard Pancoast, Deceased.
    (Surrogate’s Court, New York County,
    January, 1915.)
    Taxes — transfer tax — when order assessing transfer tax affirmed — when testimony as to alleged sales of stock not conclusive — evidence.
    Where in a transfer tax proceeding the president of a corporation in which decedent held stock testifies that it was only worth $50 a share but according to the books of the company it is worth $186 a share, an order assessing the value of the stock at $125 a share will be affirmed.
    Testimony as to alleged sales of stock, not in the open market, is not conclusive and the price received at sales made five years after the death of decedent may not be considered in a, proceeding to assess value as of the date of his death for the purposes of a transfer tax.
    Appeal from the finding of the appraiser as to the value of shares of a corporation.
    J. S. & H. A. Wise (John S. Wise, Jr., of counsel), for executor.
    Edward F. Boyle (Ellwood M. Rabenold, of counsel) for State Comptroller.
   --- Fowler, S.

This appeal by the executor of decedent ’s -estate brings up for review the finding of the appraiser-as to the value of the shares of stock in the Jerkey J3i-ty;C-alvanized Company held-by' the'decedent at:the:time of Bihdeath!-" It is" conceded by the executor that the s'iáíenáenhof assets and liabilities-of the company which is attached to the appraiser’s report is a correct transcript from the books of the company. If the valuations contained in this statement were correct, the book value of the stock would be about $186 a share. The president of the company testified, however, that the value of the assets as entered on the books of the company was not correct; that these values were twenty-five to fifty per cent higher than the actual values, and that they were retained on the books for the purpose of assisting the company in obtaining credit. When the corporation wishes to obtain credit it refers to its books, which show net assets of $149,022, or a value of $186 a share; when the state attempts to assess a tax upon the interest of a stockholder in the company, the president of the company testifies that the actual value of the assets is about fifty per cent of the book value, and that the value of the stock is only about $50 a share. I regret to say that in law little credence can be given to the evidence of persons who make such admissions of deliberate misrepresentation. There may be extenuating facts not presented of record. It is difficult for the surrogate to reconcile the conflicting statements of value, and therefore it is practically impossible to arrive at a valuation that is more than approximately correct. The testimony in regard to alleged sales of-stock is not cónclusivé, as such sales were not made in the open market, and the price at which the sales were made five years after the date of decedent’s death cannot be taken into consideration in a proceeding to ascertain their value at the date of his death. I cannot, therefore, .find from the evidence in this matter that the appraiser’s valuation of $125 a share is excessive. The order "fixing tax' will" be affirmed. ' • ’ .......• .....

Order affirmed,  