Estate of William Busch, Deceased, Mary Dana, Executor - Page 31




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          not a majority interest, his coowner’s interest was equal, and so           
          neither had a majority or minority.  As a result, neither had               
          control, and both were equal.  Hulberg has treated the                      
          coownership of real property here as though the coowners were in            
          a partnership relationship, thereby elevating the question of               
          control.  It does not appear that the coowners operated a                   
          business (farming or otherwise) as partners, and, accordingly,              
          control is less relevant.  This is a common interest in undivided           
          and unimproved property, and the question to consider is the                
          feasability of dividing the property in the case of disagreement            
          about its use.  In that regard, costs of partition or other legal           
          controversy, along with other factors, are considerations                   
          rationally involved in the valuing of an asset.  See Estate of              
          Bonner v. United States, 84 F.3d 196, 197 (5th Cir. 1996).                  
               Hulberg opined that partition was feasible under California            
          law, but that the “ability to partition the property would not              
          substantially decrease the discount presented by partnership                
          sales, as such actions could involve a great deal of expense and            
          delay prior to the liquidation of [a] co-tenancy interest.”  We             
          cannot accept Hulberg’s premise as a universal principle because            
          it ignores economies of scale and the relative value of the                 
          property.  For example, assuming a legal cost for partition of              
          $200,000,9 a $680,000 parcel (as Hulberg opined) might fit the              

               9 Two hundred thousand dollars, assuming a $200 hourly legal           
                                                             (continued...)           




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