Estate of Ruth J. Casey, Deceased, First Interstate Bank of Nevada, Special Administrator - Page 12

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          the trust as a business entity and uses real estate business                
          examples (ostensibly comparable entities) to arrive at a 30-                
          percent discount.  Respondent, on the other hand, depicts the               
          question of liquidity as a time value of money concept, rather              
          than a marketability discount issue.  Using time-value concepts,            
          respondent arrives at a 9.5-percent discount to account for the             
          delay in realization of the liquidated value.                               
               We do not find it necessary to resolve the debate about                
          which labels should be used.  We simply hold that a willing buyer           
          would expect a discount for delay in the realization of the                 
          liquidated value.  In that regard, petitioner’s approach to                 
          discounting is, in part, due to the fact that decedent had a                
          fractional interest.  As explained above, because all of the                
          fractional-interest holders gave up their right to control the              
          liquidation of the property, the resulting effect is to enable              
          the trustee to liquidate without conditions or hindrances from              
          beneficial interest holders.  Those circumstances would have the            
          effect of reducing any marketability discount.  Considering both            
          approaches, we find that the agreed value of decedent’s interest            
          in the trust should be reduced by 15 percent to arrive at the               
          fair market value for purposes of determining decedent’s gross              
          estate and petitioner’s estate tax liability.                               
               To reflect the foregoing,                                              
                                             Decision will be entered under           
                                        Rule 155.                                     




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Last modified: May 25, 2011