Gerald D. and Catherine Leibowitz - Page 41

                                       - 41 -                                         
          proper market, retail stores, to value the collection.  The                 
          record also contains sufficient evidence to enable us to work               
          back from Everett's figures to arrive at a reliable independent             
          valuation for all but three categories of memorabilia in the                
          collection.                                                                 
               a.  Blockage Discount                                                  
               Once a proper market is selected, individual items in a                
          charitable contribution are to be valued individually, and not in           
          bulk.  Sec. 20.2031-1(b), Estate Tax Regs.  However, where a                
          block of property could not be sold on the valuation date or                
          within a reasonable period thereafter without affecting market              
          price, the Court must apply a “blockage” discount.  Richardson v.           
          Commissioner, 151 F.2d 102, 103 (2d Cir. 1945), affg. a                     
          Memorandum Opinion of this Court dated November 30, 1943.  This             
          Court has applied blockage discounts to estates of artists that             
          contain large numbers of the artist's own works for which there             
          is only a limited market because of the nature of the art.                  
          Calder v. Commissioner, 85 T.C. 713, 722-723 (1985) (blockage               
          discount applied to six simultaneous gifts of large number of               
          works by one artist); Estate of Smith v. Commissioner, 57 T.C.              
          650, 658 (1972), affd. 510 F.2d 479 (2d Cir. 1975) (blockage                
          discount applied where estate contained 425 pieces and record               
          showed that artist's works appealed to relatively small group of            
          willing buyers); see also Estate of O'Keeffe v. Commissioner,               
          T.C. Memo. 1992-210.  The Court has also applied a blockage                 




Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011