- 43 - interests. Estate of Jung v. Commissioner, supra at 442-443 n.11. Limited partnership interests may be analogized to a stock interest in this respect. Harwood v. Commissioner, supra. Similarly, courts have recognized a fractional interest discount in valuing undivided interests, particularly when valuing real property. Estate of Bonner v. United States, 84 F.3d 196, 197- 198 (5th Cir. 1996); Estate of Fawcett v. Commissioner, 64 T.C. 889, 900-901 (1975). The discount is an acknowledgment of the restrictions on sale or transfer of property, when more than one individual or entity holds undivided fractional interests. Estate of Bonner v. United States, supra; Estate of Fawcett v. Commissioner, supra. We believe that such a discount was reflected in the trading price of the partnership units. The units that were being traded were limited partnership units. Limited partners in the Partnership had no management power, limited voting rights, and significant limitations on their power to remove the managing general partner. Moreover, the units were newly issued. The value of the assets that had just been transferred to the Partnership was uncertain as evidenced by the large variance in the values assigned to them by the various experts in this case.18 In addition, most of the underlying assets consisted of 18This uncertainty is also reflected in the value estimates that were made for petitioner prior to transferring the Washington properties.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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