Estate of William Busch, Deceased, Mary Dana, Executor - Page 2




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          also contends that the value reported on the estate tax return              
          was overstated and that the estate should be entitled to a refund           
          due to an overpayment of estate tax.  We consider here the fair             
          market value of the realty and the applicability and/or amount of           
          any fractional discount.                                                    
                                  FINDINGS OF FACT1                                   
               William Busch (decedent) a resident of California, died on             
          February 26, 1993, at the age of 98.  The executor and personal             
          representative of the estate, Mary E. Dana, resided in California           
          at the time the petition was filed.  In a timely filed estate tax           
          return, decedent’s one-half interest in 90.74 acres of real                 
          property (Busch property) was reported at a value of $3,810,000.            
          The reported value was based on an appraisal report prepared by             
          DeVoe & Associates (DeVoe), which was attached to the estate tax            
          return.  DeVoe, based on comparables of residential development             
          properties, concluded that the fair market value for the entire             
          fee simple interest was $12,700,000 and discounted, by 40                   
          percent, decedent’s one-half interest ($6,350,000) to arrive at             
          the $3,810,000 return value.                                                
               Based on the amounts that had been reported by the estate,             
          respondent assessed $1,674,465 in estate taxes.  The estate paid            
          $300,000 with the estate’s extension to file, and an additional             
          $75,000 was paid after respondent assessed the tax based on the             

               1 The parties’ stipulation of facts and exhibits are                   
          incorporated by this reference.                                             




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