- 21 - demand a significant discount to account for that fact. Market studies admitted into evidence indicate that appropriate lack-of- marketability discounts often fall in a range of 25.8 to 45 percent. Certainly, the consistent history of significant cash distributions and the history of quality management of the FC Partnership would make the partnership an attractive investment. There still existed, however, no public market in which to sell ownership units in the FC Partnership, and transfer of a unit would be subject to the approval of Mr. Silver, as owner of the controlling units of the FC Partnership. Because the FC Partnership was well managed and made consistent and significant annual cash distributions, we conclude that the appropriate discount to use in this case to reflect lack of marketability of decedent's ownership unit in the FC Partnership equals 26 percent. We disagree with petitioner's expert's conclusion that a 67.5-percent combined discount rate should apply. The record does not contain sufficient facts with regard to the July 1989 sale to Mr. Silver of a fractional interest in one ownership unit in the FC Partnership to justify petitioner's expert's reliance thereon. After considering all of the facts and circumstances and the evidence presented at trial, we conclude that the appropriate combined discount rate to use in this case for minority interest and lack of marketability equals 45 percent (19-percent discountPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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