Estate of Ruth J. Casey, Deceased, First Interstate Bank of Nevada, Special Administrator - Page 8

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          rata portion of a 100 percent (controlling) interest in the                 
          underlying net asset value.”  Petitioner’s expert further                   
          explained that discounts are used to reflect a lack of control              
          and/or marketability.  A lack of control is the inability to                
          change corporate or business attributes (dividends, capital,                
          etc.).  A lack of marketability is a reduced liquidity because of           
          no ready market for part of a closely held entity.  The expert              
          then concluded that decedent’s interest in the property, because            
          it was held in the Liquidating Trust, had the same attributes as            
          an interest in a corporation or partnership and should be subject           
          to the same discounts.  Following that conclusion and valuing the           
          Liquidating Trust interest as though it were a commercial or                
          investment activity, petitioner’s expert reached a 30-percent               
          discount for lack of control and a 30-percent discount for lack             
          of marketability.  After considering the sequential effect of the           
          two discounts at about 51 percent, petitioner’s expert opined               
          that 50 percent was the appropriate combined discount for the               
          lack of marketability and control.                                          
               Respondent’s expert considered language contained in the               
          Liquidating Trust that limited its purpose to the efficient                 
          liquidation of the trust property and the general prohibition               
          from engaging in a trade or business.  Although respondent’s                
          expert generally agreed with petitioner’s expert’s methodology,             
          respondent’s expert deemed petitioner’s approach irrelevant,                
          because the purpose of the trust was to liquidate assets and it             




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