Estate of Eldon L. Auker, Deceased, Kimberlee J. Auker, Independent Personal Representative - Page 33

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        that a sale of all this property at once would depress the market and         
        force a seller to accept less for the property than the seller would          
        otherwise receive if the properties were sold separately over time.           
        Respondent counters that a market absorption discount should not be           
        applied in this case.  Respondent claims that the estate has failed           
        to show that skilled brokers could not sell all the subject property          
        in a reasonable time.  Respondent claims that the apartment buildings         
        could be sold to one buyer to allow the buyer to take advantage of            
        economies of scale.  Respondent claims that the economic condition of         
        the subject market has no bearing on the application of a market              
        absorption discount under the facts herein because the market's               
        economic condition has been taken into account in ascertaining the            
        parties' stipulated values.                                                   
             We do not agree with either party in all regards.  Fair market           
        value is a question of fact, and the trier of fact must weigh all             
        relevant evidence of value and draw appropriate inferences.                   
        Commissioner v. Scottish Am. Inv. Co., 323 U.S. 119, 123-125 (1944);          
        Helvering v. National Grocery Co., 304 U.S. 282, 294 (1938);                  
        Symington v. Commissioner, 87 T.C. 892, 896 (1986); Zmuda v.                  
        Commissioner, 79 T.C. 714, 726 (1982), affd. 731 F.2d 1417 (9th Cir.          
        1984).  Fair market value is measured on the applicable valuation             
        date, which, in this case, is the date the decedent died.  See                
        Estate of Proios v. Commissioner, T.C. Memo. 1994-442; see also               







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