Estate of William Busch, Deceased, Mary Dana, Executor - Page 34




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          percent with a range from 30 percent to 40 percent.  Here, again,           
          Hulberg’s explanation reflected that REIT’s are operating real              
          estate partnerships that are dissimilar from the simple                     
          coownership of realty that we consider.  The REIT is an entity in           
          which investors purchase a percentage as an investor in the                 
          activity or business operation in which the REIT is involved.               
          Accordingly, the REIT-based approach to calculate a discount is             
          not appropriate.                                                            
               Finally, Hulberg referred to his four proposed comparable              
          sales that he admits “are not highly similar to the subject                 
          property but they do indicate discounts are being taken by the              
          [purchasers] of * * * fractional interests, and that there is a             
          market for partial interests in a property.”  The range of                  
          discounts was 29 percent to 41 percent.  The sales selected by              
          Hulberg included a produce terminal, undeveloped unapproved land,           
          an office building, and ranchland.  The undeveloped unapproved              
          land was described as “Standard Oil Pond Grizzly Island (Solano             
          Co.)”, and Hulberg explained that the property was valued at                
          $800,000 for a fee and a 25-percent interest was sold for                   
          $130,000.  No further information is provided, and it is not                
          apparent that this property is comparable or how the $800,000 and           
          $130,000 values relate to each other.  Accordingly, we do not               
          find these examples to be helpful.                                          
               Hulberg then proceeded to conclude that the various                    
          referenced approaches resulted in discounts approximating 40                




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