Ina F. Knight - Page 17




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          of evidence that the gifts were worth less than $300,000 as                   
          opening the door to our consideration of respondent’s argument                
          that the gifts were worth more than $300,000.                                 
          D.   Petitioners’ Contention That a Portfolio Discount and                    
               Minority and Lack of Marketability Discounts Totaling 44                 
               Percent Apply                                                            
               Petitioners’ expert, Robert K. Conklin (Conklin), estimated              
          that, if we recognize the partnership for Federal tax purposes, a             
          10-percent portfolio discount and discounts of 10 percent for                 
          minority interest and 30 percent for lack of marketability apply,             
          for an aggregate discount of 44 percent.6                                     
               1.   Portfolio Discount                                                  
               Conklin concluded that a 10-percent portfolio discount                   
          applies based on the assumption that it is unlikely that a buyer              
          could be found who would want to buy all of the Knight family                 
          partnership’s assets.  He provided no evidence to support that                
          assumption, see Rule 143(f)(1); Rose v. Commissioner, 88 T.C.                 
          386, 401 (1987), affd. 868 F.2d 851 (6th Cir. 1989); Compaq                   
          Computer Corp. v. Commissioner, T.C. Memo. 1999-220.                          
               To estimate the amount of the portfolio discount, Conklin                
          relied on a report stating that conglomerate public companies                 
          tend to sell at a discount of about 10 to 15 percent from their               

               6  Respondent’s expert, Francis X. Burns, testified about                
          the “fair value” but not the “fair market value” of the                       
          partnership interests at issue in these cases.  We have not                   
          considered his testimony in deciding the fair market value of the             
          gifts.                                                                        





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