Estate of Eldon L. Auker, Deceased, Kimberlee J. Auker, Independent Personal Representative - Page 2

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               the other real estate is valued by reference to a                      
               market absorption discount.                                            
               Russell E. Bowers and Bernard L. McAra, for petitioner.                
               Trevor T. Wetherington, for respondent.                                


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               LARO, Judge:  The Estate of Eldon L. Auker, Deceased,                  
          Kimberlee J. Auker, Independent Personal Representative,                    
          petitioned the Court to redetermine respondent's determination of           
          a $1,810,737 deficiency in Federal estate tax.  Following                   
          concessions by the parties, the only issue left to decide is                
          whether a discount for market absorption inheres in the                     
          August 12, 1992, fair market value of certain assets included in            
          the Estate of Eldon L. Auker (the estate).  The assets consist of           
          three apartment complexes (collectively, the apartment complexes)           
          and interests in five family-owned entities the assets of which             
          include real estate and interests in two other family-owned                 
          entities that own real estate.                                              
               We hold that a 6.189-percent market absorption discount                
          inheres in the fair market value of each apartment complex, and             
          that the values of the decedent's interests in the entities are             
          not determined by reference to a market absorption discount.                
          Unless otherwise stated, section references are to the applicable           
          provisions of the Internal Revenue Code.  Rule references are to            
          the Tax Court Rules of Practice and Procedure.                              




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