-28- 3. Conclusion--Discounts Based on the arguments of the parties and the record, we conclude that discounts for lack of marketability of 40 percent for the Home stock and 45 percent for the Rock Hill stock are appropriate. We further conclude that a 3.66-percent discount for nonvoting stock is appropriate for the Rock Hill stock. See Estate of Lauder v. Commissioner, T.C. Memo. 1994-527 (40% discount for lack of liquidity or marketability); Martin v. Commissioner, T.C. Memo. 1985-424 (70% discount for marketability/minority considerations). E. Conclusion We conclude that the fair market value per share of the stock of Home that the Helmlys gave to their children and grandchildren was $227.41 per share in January and December 1992, and that the fair market value of the stock of Rock Hill that the Barneses gave to their children was $201.12 per share on December 22, 23, and 26, 1992, and $193.34 per share on December 30, 1992.16 To reflect the foregoing, Decisions will be entered under Rule 155. 16 The values of Home and Rock Hill stock reported on petitioners' returns ($230 and $220/$221 respectively) are admissions by petitioners and will not be overcome without cogent evidence that they are wrong. Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam T.C. Memo. 1968-126; Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989). Petitioners have met this burden.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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