- 23 - of Andrews holds that, as a matter of law, an absorption discount may never be allowed in determining the value of real estate owned by a corporation (or other entity) for estate tax pur- poses.5 We disagree. In Estate of Andrews v. Commissioner, supra, we were asked to determine the date-of-death fair market value of certain shares of stock in four closely held corporations that were held by the decedent involved in that case. All four of those cor- porations were involved in the ownership, operation, and man- agement of commercial real estate, and they also held some liquid assets like stocks, bonds, and cash. See Estate of Andrews v. Commissioner, supra at 939. The real estate holdings of the four corporations in question included warehouses, apartment build- ings, factories, offices, and retail stores, most of which were leased to small tenants under leases for periods of less than 4(...continued) (1982). We are convinced that respondent is advancing respon- dent's new theory in the answering brief because Estate of Auker v. Commissioner, supra, was decided by the Court between the date on which respondent filed the opening brief in this case and the date on which it was required to file the answering brief herein. 5We find respondent's position that "Entity owned real estate is ineligible for a market absorption discount in the estate tax arena" to be inconsistent with the stipulation of respondent and petitioner in this case that, except for the remaining unimproved real properties owned by Marrero Land on the valuation date, the respective values of the unimproved real properties owned by Marrero Land on that date were determined by using a discounted cash-flow analysis which included an absorp- tion discount.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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