Estate of Beatrice Ellen Jones Dunn - Page 30




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          percent interest in Dunn Equipment, before application of                   
          appropriate discounts, is $3,533,623.                                       
          III.  Discounts                                                             
               The parties agree that a 15-percent lack of marketability              
          discount is appropriate.13  Further, respondent concedes that a             
          7.5-percent discount for lack of super-majority control, i.e.,              
          for the fact that the stock in issue is less than 66-2/3 percent,           
          is also appropriate.  Petitioner argues on brief for a 10-percent           
          discount for lack of super-majority control.  Neither Mr. Frazier           
          nor Mr. Pratt provided support for a discount for lack of super-            
          majority control, and petitioner offers no evidence supporting a            
          discount greater than 7.5 percent.  We apply a discount of 7.5              
          percent for lack of super-majority control.  Therefore the                  
          discounts, in total, equal 22.5 percent.                                    
          IV.  Conclusion                                                             
               We have calculated an undiscounted value of petitioner’s               
          62.96-percent interest in Dunn Equipment on the date of                     
          decedent’s death of $3,533,623.  Applying a 22.5-percent discount           
          to this figure, we find that the fair market value of the stock             
          in issue for purposes of the Federal estate tax is $2,738,558.              

               13 On brief, respondent agreed that the lack of                        
          marketability discount could properly be applied to the earnings-           
          based value.  Further, respondent agreed that the lack of                   
          marketability discount could properly be applied to an asset-               
          based value generally but argued that it should not be applied to           
          liquidation value.  As we have not used liquidation value, we               
          need not address respondent’s argument.                                     





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