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Transfer Tax Valuation Issues, the Game Theory, and Final Offer Arbitration: A Modest Proposal for Reform

Abstract

Determination of fair market value is one of the central issues of the federal transfer tax. The current adjudication process prompts taxpayers and the government to adopt valuation extremes in anticipation that a court will compromise their differences. The game theory suggests that final offer arbitration offers a better method to resolve valuation disputes, causing parties to narrow their differences and, in so doing, encouraging out-of-court settlements.

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39 Ariz. L. Rev. 283 (1997)

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Authors

Jay A. Soled (Rutgers University)

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