- 9 - was not a “going concern”. Instead, respondent’s expert opined that a willing buyer would be concerned with the question of liquidity because of the time required to liquidate Residence. Accordingly, respondent’s expert concluded that the agreed fair market value should simply be adjusted or discounted for the time value of money (i.e., the delay in realizing the liquidation value of the assets). Respondent’s expert used the May 1990 short-term Treasury rate of 7.8 percent and added a 2.2-percent premium to account for the lapse of time, arriving at a 10-percent discount rate. Respondent’s expert noted that the long-term home mortgage rate was a comparable 10.3 percent during the same time period. Based on comparable properties, respondent’s expert calculated a 12.4- month mean and 10-month median of time on the market. Using this information, respondent’s expert arrived at a range of 9.5 to 11 percent for the discount and a value range of $7,355,141 to $7,478,238. Petitioner, citing Propstra v. United States, 680 F.2d 1248 (9th Cir. 1982), argues that a control discount applies because the liquidating trust is no different from a business entity holding property, and because decedent lacked control over the property because she owned less than a majority interest. Respondent agrees that the discount principles of Propstra v. United States, supra, would apply in a case where the property in question was used in a business. Respondent also agrees thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011