- 27 - Respondent also challenges Mr. Frazier’s reduction in net asset value for potential tax liability on built-in capital gains. Mr. Frazier reduced his asset-based value by 34 percent of the built-in capital gain, again on the assumption that he was calculating a liquidation value. Respondent argues that no reduction is proper because liquidation was not imminent. In Estate of Davis v. Commissioner, 110 T.C. 530, 550 (1998), we applied a reduction for inherent gain “even though no liquidation * * * was planned or contemplated on the valuation date”. However, there are significant distinctions between that case and the instant case. In Estate of Davis, the company in question was essentially a holding company, and the primary asset it held was a block of publicly traded stock with substantial built-in capital gain.11 Because the hypothetical buyer of the shares in issue in that case could buy the same publicly traded stock on the open market without the exposure to capital gains tax, we found that “there was even less of a ready market” in the shares in issue “than there would have been * * * without such tax.” Id. at 553. Thus, we included, within the discount for lack of marketability, a reduction with respect to the inherent capital gains of approximately 15 percent. See id. at 554. 11 The fair market value of the stock was $70,043,204, while the company’s basis in that stock was $338,283. See Estate of Davis v. Commissioner, 110 T.C. 530, 533 (1998). The company owned other assets worth $11,929,763 and had liabilities of $1,832,698. See id.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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