Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 35

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          Timber Property might seek a discount for the less certain                  
          marketability of Johnco's miscellaneous assets, which included a            
          building, equipment, and a vacant lot and constituted the                   
          remaining 6 percent of Johnco's total net asset value.                      
          Accordingly, Mr. Burns determined that 6 percent should be the              
          ceiling on any discount for lack of marketability.                          
                    c.   Built-In Capital Gains Discount                              
               Mr. Burns opposed the application of a built-in capital                
          gains discount, as such a discount emphasized net proceeds,                 
          rather than fair market value, to a willing buyer.  Such an                 
          emphasis, he thought, "is founded on a counter-intuitive premise;           
          that is, a hypothetical and instantaneous sale of the same assets           
          which the willing buyer has just purchased."  Accordingly, he               
          considered both the prospect of liquidation and the recognition             
          of built-in capital gains to be speculative.  Mr. Burns noted               
          that respondent's forester, Mr. Baker, Johnco's former forester,            
          Mr. Elliott, and even a forester hired by petitioner, Mr.                   
          Screpetis,23 had all concluded that the best use of the Timber              
          Property was as commercial timberland and that a timber products            
          company or a pension fund was the most likely purchaser.  In                
          testimony, petitioner's expert Mr. Lax also conceded that the               
          most likely purchaser was a timber products company or a pension            
          fund.  Thus, Mr. Burns concluded, insofar as a timber products              


               23 Mr. Screpetis was a consultant forester employed by                 
          George Doyle, Inc., which had been hired by Mr. Buck to appraise            
          the Timber Property in connection with his valuation of Johnco.             

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