- 51 - 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 41,532,600Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011