- 25 - apply a 40-percent discount for lack of marketability. We disagree. Petitioner's expert relies on our analysis in Mandelbaum v. Commissioner, T.C. Memo. 1995-255, affd. 91 F.3d 124 (3d Cir. 1996). In Mandelbaum, we used studies of marketability discounts for sales of similar interests in similar companies to establish a benchmark, then compared the facts and circumstances of that case to the benchmark to conclude that a 30 percent discount for lack of marketability applied. The corporation in that case was very different from Beth W. Corp. It owned women's apparel retail stores and had total annual revenue of $124,898,972 in 1985 that grew steadily to $270,903,000 in 1991. The shareholders in Mandelbaum had agreements that restricted transfer of stock. Here, petitioner's expert cited a series of studies of discounts for lack of marketability with various ranges, averages, and medians. However, he did not show that the companies in the studies were similar to Beth W. Corp. from the standpoint of marketability. Thus, we do not use those studies here. We conclude that petitioner's expert overstated the amount of the appropriate discount for lack of marketability. We believe the proper amount of the discount for lack of marketability is 15 percent.Page: 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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