- 60 - The amount of time that a hypothetical broker would need to dispose of assets is a factual question. In Estate of Van Horne v. Commissioner, supra at 742, the Court found no blockage where stock could have been sold in small blocks without depressing the market "over a comparatively brief period of, at most, several weeks". Earlier, the Court in du Pont v. Commissioner, 2 T.C. 246, 253, 257 (1943), a Court-reviewed Opinion, valued a large block of stock based on market conditions existing over a 90-day period. The Court of Appeals for the Second Circuit has indicated that the price that could have been obtained for a block of stock if the block had been liquidated over a 10-day period, without activity to develop the market, failed to establish the taxpayer's entitlement to a blockage discount. Richardson v. Commissioner, supra at 104. All in all, we believe that 6 months is the most time that a hypothetical broker should be given to dispose of the apartment complexes before a market absorption discount will inhere in their fair market value. The appraisers assumed that each complex had to be marketed for 18 months in order to be sold, and they factored this 18-month period into their appraisals. Although the appraisers knew of the presence of all three complexes, we do not believe that the appraisers meant for this 18-month period to be the period of time in which all three complexes would sell. We believe it would takePage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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