- 8 - 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 itPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011