Estate of Eileen K. Brocato - Page 21




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          these adjustments, Mr. Talmage examined the size of the                     
          comparable interests, lack of a market for the interests, special           
          circumstances surrounding their sale, and whether there was a               
          forced sale.                                                                
                    2.  Ms. Simons’ Report                                            
               Ms. Simons based her fractional interest discount on the               
          costs to partition the properties.  Ms. Simons recognized that              
          there are three methods to partition property in California:  (1)           
          Physical division; (2) sale of property and division of proceeds;           
          and (3) partition by appraisal.  See Cal. Civ. Proc. Code secs.             
          873.210, 873.510, 873.910 (West 1980).  Ms. Simons determined               
          1359 Bay could be physically divided in 6 months at a cost of               
          $20,000.  Ms. Simons determined the fair market value of the                
          interest, deducted the partition costs, and accounted for the               
          delay associated with the physical division of the property using           
          a discounted cash-flow analysis assuming a 6.5-percent discount             
          rate.                                                                       
               Ms. Simons determined 101 Capra and 3737 Fillmore would                
          require a partition sale and division of the proceeds.  Ms.                 
          Simons determined that the partition sales would be relatively              
          simple, cost $20,000 each, and would take approximately 6 months            
          to complete.  Ms. Simons assumed these properties would be listed           
          in the ninth month and sold in the twelfth month under her                  
          blockage discount model and applied the blockage discount model             






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