Key legal question
Whether the tax authority sufficiently established the property's market value before assessing gift tax.
Extracted holding
No. The file did not provide a secure evidentiary basis for the market value because the available valuations differed markedly and the authority should have ordered an independent expert appraisal.
Extracted reasoning
The court held that, where indications of a gift exist and the market value of the property is not clearly ascertainable from the file, an independent appraisal is necessary. The authority relied on a theoretical weighting of income and real value, while the taxpayer's private report had limited probative value; nevertheless, the authority failed to conduct the required investigation.