- 22 - and ultimately at the net asset value of Marrero Land as of the valuation date, it is necessary to apply an absorption discount to the stipulated aggregate value of those properties. To support that position, the estate relies on its real estate valuation expert Mr. Egan. According to respondent, no absorp- tion discount is warranted. To support that position, respondent relies on respondent's real estate valuation expert Mr. Guice and a new theory advanced for the first time in respondent's answer- ing brief. We turn first to respondent's new theory. In respondent's opening brief, respondent relied on Estate of Andrews v. Com- missioner, 79 T.C. 938, 940 (1982), for the following two prop- ositions: "Valuation of stock for tax purposes is a question of fact", and "Where the property to be valued is stock that has never been publicly traded, and there is no evidence of arms- length sales of the stock, the value of the stock must be de- termined indirectly." For the first time in respondent's an- swering brief, respondent relies on Estate of Andrews v. Com- missioner, supra for the following proposition: "Entity owned real estate is ineligible for a market absorption discount in the estate tax arena."4 Respondent appears to be arguing that Estate 4To support respondent's new theory, respondent also cites Estate of Auker v. Commissioner, T.C. Memo. 1998-185, which in turn relies on Estate of Andrews v. Commissioner, 79 T.C. 938 (continued...)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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