- 28 - well as the voting rights (as trustee) with respect to all of Joseph's stock. The parties do, however, dispute the value of the interests that Cyril received. In her notice of deficiency, respondent permitted an offset for the value of consideration received by Cyril in the amount of $43,878. However, as previously mentioned, respondent amended her answer to disallow any such offset. On brief, respondent argues that in the event that this Court finds that there was consideration, the amount of the offset pursuant to section 2043(a) is limited to $30,752, based on the report and testimony of her expert appraiser, Stephen A. Stewart. Petitioner contends that the value of what Cyril received on October 31, 1951, is $58,146, based on the report and testimony of its expert appraiser, Bryan H. Browning.13 Both experts determined the overall value of JM and Specialty using a combination of a discounted future cash-flow analysis and a market comparable analysis. The experts differ in their application of premiums or discounts in arriving at the value of the consideration received by Cyril. Mr. Browning, petitioner's expert, applied a control premium of 40 percent to the proportional equity value of JM, because after execution of the 1951 Agreement, Cyril would hold 62 percent of the total 13The difference between the values assigned by each party to the consideration received, $27,394, is not significant when one considers the value of the trusts includable in the gross estate, which is equal to $3,833,727.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011