- 14 - on its face; by the same argument, the disparity demonstrates that only an earnings-based value should be used. Respondent also argues that as an investment, JFI was valuable only for the potential appreciation of assets rather than for the stream of income. Respondent bases this argument in part on JFI’s policy of paying dividends only in amounts sufficient to meet the tax liability it generated as a subchapter S corporation for its shareholders. We note, however, that the regulations point to “prospective earning power and dividend-paying capacity”, rather than actual dividends paid, as an indicator of value. Sec. 20.2031-2(f)(2), Estate Tax Regs. (emphasis added). Further, the farm manager’s compensation was based in part on a share of JFI’s profits, weakening any suggestion by respondent that JFI’s earnings were artificially low. As for lack of marketability, respondent does not dispute Mr. Egan’s use of a 35-percent discount. As will be seen below, respondent’s expert, Mr. Keath, applied a lack of marketability discount of 36.8 percent. Expert Opinion of Mr. Hitt Mr. Hitt also valued JFI using an asset-based method and an earnings-based method.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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