Estate of Lynn M. Rodgers, deceased, First National Bank of Commerce, Executor - Page 22




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          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...)           





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