Estate of Charles a. Boratello, Deceased, C. Norman Borgatello and Josephine E. Donnelly, Co-Executors, and C. Norman Borgatello, Successor Trustee to the Charles A. Borgatello Living Trust - Page 29




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                  We shall assign weight to the consideration of the built-in                          
            capital gain tax inherent in VIC's assets.  We may allow the                               
            application of a built-in capital gains tax discount if we                                 
            believe that a hypothetical buyer would have taken into account                            
            the tax consequences of the built-in capital gains when arriving                           
            at the amount he would be willing to pay for Mr. Borgatello's VIC                          
            stock.  See Estate of Davis v. Commissioner, 110 T.C. at 550-554;                          
            Estate of Jameson v. Commissioner, T.C. Memo. 1999-43.  Both                               
            parties agree in the instant case that a willing buyer would                               
            consider those tax consequences, but they disagree on how much to                          
            discount the net asset value to account for this factor.                                   
                  The largest portion of Mr. Wilde's net asset value discount                          
            is attributable to the built-in gains inherent in VIC's assets.                            
            In calculating the discount attributable to the tax on the built-                          
            in gains, Mr. Wilde utilizes a 10-year holding period for the                              
            assets.  Assuming a 2-percent growth rate, Mr. Wilde estimates                             
            the value of VIC's assets to be $22,214,089 for the year 2004.                             
            On the basis of such estimated value, Mr. Wilde calculates the                             
            built-in gain and applies California's 9.3 percent capital gains                           
            rate and a 34-percent Federal income tax rate to arrive at a                               
            future tax in 2004 in the amount of $7,500,008.  Applying a                                
            discount rate of 8.3 percent (Long Term AFR + 2 percent for added                          
            risk), Mr. Wilde determines the present value of the future tax                            





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