- 19 - of the FC Partnership, and respondent's expert concludes that the appropriate minority interest discount of only 15 percent applies. With respect to the discount for lack of marketability, respondent's expert also relies on various market studies which indicate appropriate discounts of between 25.8 and 45 percent for lack of marketability. Because the FC Partnership appeared to have been well managed, made regular cash distributions, and had quality tenants, respondent's expert concludes that a 15-percent discount for lack of marketability is appropriate. Combining the two discounts, respondent's expert uses a 28-percent discount to calculate the December 31, 1989, fair market value of decedent's ownership unit. Applying this 28-percent discount to the $825,307 per-unit liquidation value that respondent's expert calculates for each ownership unit, respondent's expert concludes that the date-of-death value of decedent's ownership unit equals $594,221. In our opinion, with regard to the appropriate minority interest discount to apply, respondent's expert erroneously assumes that an owner of each general partnership unit could participate meaningfully in management of the FC Partnership. Since Mr. Silver controlled a majority of the FC Partnership units, he had practical control over management and operation of the FC Partnership, and holders of minority interests in the FC Partnership would have only limited veto power over the fewPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011