- 26 - value of property includible in decedent's estate, the appropri- ate inquiry is a factual one: What would a hypothetical willing seller and a hypothetical willing buyer take into account in arriving at a price for the remaining unimproved properties? See, e.g., Estate of Davis v. Commissioner, 110 T.C. 530 (1998); see also sec. 20.2031-1(b), Estate Tax Regs.7 Respondent contends for the first time in respondent's answering brief that "Marrero Land did not contemplate liquidat- ing its remaining vacant land".8 To the extent that respondent is arguing under respondent's new theory that, as a factual matter, no absorption discount is warranted under Estate of Andrews v. Commissioner, 79 T.C. 938 (1982), in valuing the 7Since valuation is a question of fact, and not of law, in at least one case decided after Estate of Andrews v. Commis- sioner, 79 T.C. 938 (1982), we allowed an absorption discount in a situation involving corporate-owned real estate. See Carr v. Commissioner, T.C. Memo. 1985-19. In Carr, we were asked to determine the fair market value of certain stock in a corporation which owned real estate and the principal business activity of which was purchasing undeveloped land, subdividing and improving it, and selling the lots either as such or with homes that it built. We also allowed an absorption discount in a situation involving corporate-owned real estate before Estate of Andrews v. Commissioner, supra, was decided. See Estate of Folks v. Com- missioner, T.C. Memo. 1982-43; Estate of Grootemaat v. Commis- sioner, T.C. Memo. 1979-49. 8Respondent also contends that Marrero Land "had no plans to liquidate". Although it is true that Marrero Land had no plans to liquidate as of the valuation date, that fact is not determi- native of whether an absorption discount may be taken into account in valuing the remaining unimproved real properties that it owned on that date.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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