Estate of William Busch, Deceased, Mary Dana, Executor - Page 32




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          above-quoted principle.  A parcel, one-half of which had a value            
          of $3 million to $4 million, would easily bear a $200,000                   
          partition cost.  In addition, as of decedent’s death, his                   
          coowner’s share was held in trust for the 97-year-old widow of              
          the former owner, and neither owner was a resident-farmer at that           
          time.  The beneficial owners were the heirs of the owner/farmers            
          who were not actively farming the property.  Those circumstances,           
          known at the time of  decedent’s death, make it less likely that            
          partition would be necessary.  That is especially so where great            
          disparity exists between the values of the land when comparing              
          its use for agricultural and residential purposes.                          
               Hulberg used a conglomeration of four different approaches             
          to arrive at the amount of discount he used to account for                  
          decedent’s partial interest.  First, he discussed a “Company                
          Survey Method”, which Hulberg described as a “survey of companies           
          in the business of purchasing and selling partnerships.”  Our               
          review of Hulberg’s analysis indicates that the partnerships                
          involved were dissimilar to the Busch property situation.  The              
          information was derived from the purchase and sale of general               
          partnership interests, a format different from the Busch property           
          ownership, which was simply a coownership in real property with             
          no partnership business or operational type activity.                       



               9(...continued)                                                        
          fee rate, represents 1,000 hours to accomplish partition.                   




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Last modified: May 25, 2011