Estate of Paul Mitchell, Deceased, Patrick T. Fujieki, Executor - Page 51

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          decedent's interest was $41,532,60025 as of the moment of his death.        
          Issue 2.  Section 6662(g) Penalty                                           
               The final issue is whether petitioner is liable for the                
          section 6662(g) penalty. A substantial estate tax valuation                 
          understatement occurs if the value of property claimed on a return          
          is 50 percent or less of the amount determined to be its correct            
          value, and the portion of the underpayment attributable to the              
          understatement exceeds $5,000.  Sec. 6662(g).  The penalty equals           
          20 percent of the portion of the underpayment attributable to the           
          understatement.  Sec. 6662(a).  The penalty does not apply to any           


               25   This amount is calculated as follows:                             
               Value of JPMS at the moment immediately                                
               prior to Mr. Mitchell's death                $150,000,000              
               Less:  Discount to reflect the loss of                                 
               Mr. Mitchell to JPMS                          (15,000,000)             
               Value of JPMS at the moment of Mr.                                     
               Mitchell's death                             135,000,000               
               Percent of Trust's interest in JPMS           x    49.04               
               Value of Trust's interest in JPMS prior                                
               to discounts                                 66,204,000                
               Discount for lack of marketability and                                 
               minority interest (35%)                       (23,171,400)             
                                                            43,032,600                
               Discount for possibility of lawsuit           (1,500,000)              
               Value of Trust's interest in JPMS after                                
               discounts                                    41,532,600                




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Last modified: May 25, 2011