Estate of Eldon L. Auker, Deceased, Kimberlee J. Auker, Independent Personal Representative - Page 60

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             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 take               








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