Estate of Eileen K. Brocato - Page 12




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          section 6166 election had it been told of the increased estate              
          tax liability.                                                              
               Petitioner also claims that the Chestnut property                      
          appreciated in value after its premature sale, and petitioner               
          would have been able to sell it for a higher sum but for the                
          issuance of the closing letter.  Again, this involves conjecture.           
          Petitioner has failed to demonstrate that it suffered a detriment           
          as a result of its reliance on the closing letter.                          
               We conclude that respondent is not equitably estopped from             
          assessing additional estate taxes.                                          
          II.  Discounts                                                              
               We must now decide the proper amounts of blockage and                  
          fractional interest discounts to apply to the Brocato properties.           
               On the return, petitioner applied a 20-percent blockage                
          discount to the Brocato properties and applied an additional 20-            
          percent fractional interest discount to the fractional interest             
          properties.  These discounts were based on the Rhoades report.              
          On brief, petitioner continues to claim a 20-percent fractional             
          interest discount on the fractional interest properties but                 
          concedes it is entitled only to a 12.5-percent blockage discount            
          on eight properties (excluding 101 Capra).                                  
               In the notice of deficiency, respondent allowed a blockage             
          discount of $116,627 (approximately 1.92 percent) on seven of the           
          nine Brocato properties and a fractional interest discount on the           






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