- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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