Estate of Lynn M. Rodgers, deceased, First National Bank of Commerce, Executor - Page 23




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          of Andrews holds that, as a matter of law, an absorption discount           
          may never be allowed in determining the value of real estate                
          owned by a corporation (or other entity) for estate tax pur-                
          poses.5  We disagree.                                                       
               In Estate of Andrews v. Commissioner, supra, we were asked             
          to determine the date-of-death fair market value of certain                 
          shares of stock in four closely held corporations that were held            
          by the decedent involved in that case.  All four of those cor-              
          porations were involved in the ownership, operation, and man-               
          agement of commercial real estate, and they also held some liquid           
          assets like stocks, bonds, and cash.  See Estate of Andrews v.              
          Commissioner, supra at 939.  The real estate holdings of the four           
          corporations in question included warehouses, apartment build-              
          ings, factories, offices, and retail stores, most of which were             
          leased to small tenants under leases for periods of less than               

               4(...continued)                                                        
          (1982).  We are convinced that respondent is advancing respon-              
          dent's new theory in the answering brief because Estate of Auker            
          v. Commissioner, supra, was decided by the Court between the date           
          on which respondent filed the opening brief in this case and the            
          date on which it was required to file the answering brief herein.           
               5We find respondent's position that "Entity owned real                 
          estate is ineligible for a market absorption discount in the                
          estate tax arena" to be inconsistent with the stipulation of                
          respondent and petitioner in this case that, except for the                 
          remaining unimproved real properties owned by Marrero Land on the           
          valuation date, the respective values of the unimproved real                
          properties owned by Marrero Land on that date were determined by            
          using a discounted cash-flow analysis which included an absorp-             
          tion discount.                                                              





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