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