- 23 - C. Discount for Lack of Marketability A discount for lack of marketability may apply if there is no ready market for shares in closely held corporations. Estate of Andrews v. Commissioner, 79 T.C. 938, 953 (1982). Petitioner must prove that a discount for lack of marketability should apply and the appropriate amount of the discount. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Estate of Gilford v. Commissioner, 88 T.C. 38, 50-51 (1987). Respondent contends that the value of decedent's Beth W. Corp. stock should not be discounted for lack of marketability because decedent owned a controlling interest in Beth W. Corp. We disagree. A controlling interest in a nonpublic corporation may be unmarketable. Estate of Andrews v. Commissioner, supra. Respondent offers no authority that a marketability discount does not apply when valuing a controlling interest. Respondent contends that a discount for lack of marketability applies only to property valued by using comparable sales or freely traded value and not by reference to net asset value. We disagree. Marketability discounts may apply to companies that were valued using the net asset value method. See, e.g., Ward v. Commissioner, 87 T.C. 78, 109 (1986); Harwood v. Commissioner, 82 T.C. 239, 268-269 (1984), affd. 786 F.2d 1174Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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