- 20 - B. Fractional Interest Discount 1. Mr. Talmage’s Report Mr. Talmage applied a 20-percent fractional interest discount to the fractional interest properties.4 Mr. Talmage examined eight comparable sales of fractional interests and the fractional interest discounts applied in each sale. In three of the comparable sales (comparables 2, 4, 6), no fractional interest discount was applied because the buyer was acquiring a controlling interest with the purchase of the fractional interest.5 Comparables 1, 5, 7, and 8 consisted of fractional interests ranging from approximately 1 to 20 percent with discounts ranging from 6 to 50 percent. Mr. Talmage adjusted comparables 1, 5, and 8 downward and comparable 7 upward to arrive at a 20-percent fractional interest discount. In making 4 Mr. Talmage alternatively suggested that a 25-percent fractional interest discount would be appropriate due to potential conflicts among the beneficiaries of decedent’s trust which might burden the income-producing capabilities of the properties. The only potential conflict shown by the record was Thomas Brocato’s (son of decedent) contemplation of forcing the sale of the fractional interest properties. Because we determined the fractional interest discount based on a hypothetical sale of the decedent’s interest, Thomas Brocato’s threat of a forced sale has no impact on the fractional interest discount. We find no additional discount is warranted based on potential family conflicts. 5 Comparable 3 also yielded no fractional interest discount; however, the buyer in that comparable was not acquiring control of the property. Mr. Talmage accounts for the lack of a discount by pointing to an accommodating seller and exceptional circumstances surrounding the sale.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011