- 22 - We conclude that Conklin was acting as an advocate and that his testimony was not objective. However, despite the flaws in petitioners’ expert’s testimony, we believe that some discount is proper, in part to take into account material in the record relating to closed-end bond funds. We hold that the fair market value of an interest in the Knight family partnership is the pro rata net asset value of the partnership less a discount totaling 15 percent for minority interest and lack of marketability. Thus, on December 28, 1994, each petitioner made taxable gifts of $789,030 (44.6 percent of $2,081,323, reduced by 15 percent). E. Whether Section 2704(b) Applies Respondent contends that Article 14 (the 50-year term or dissolution by agreement of all partners) and Article 9 (the lack of withdrawal rights for limited partners) of the partnership agreement are applicable restrictions under section 2704(b) because sections 8.01 and 6.03 of Texas Revised Limited Partnership Act (TRLPA), Tex. Rev. Civ. Stat. Ann. art. 6132a-1 (West Supp. 1993), are less restrictive. We disagree. See Kerr v. Commissioner, 113 T.C. 449 (1999). If a transferor conveys to a family member an interest in a partnership or a corporation which is subject to an “applicable restriction”, and the transferor and transferor's family members control the entity immediately before the transfer, the restriction in valuing the interest shall be disregarded. SeePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011