J.C. Shepherd - Page 43




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               Accordingly, on the basis of our review of all the expert              
          testimony and reports, we conclude and hold that Dilmore’s 15-              
          percent valuation discount for an undivided fractional interest             
          in the leased land is fair and reasonable.28                                
               2.  The Bank Stock                                                     
               With regard to the bank stock, respondent has not contested            
          the 15-percent minority interest discount as claimed on                     
          petitioner’s gift tax return.  Accordingly, we hold that the                
          stipulated value of the bank stock on the date of petitioner’s              
          gifts ($932,219) is subject to a 15-percent minority interest               
          discount for the gifts to his sons of undivided interests.                  
          F.  Summary and Conclusion                                                  
               On the basis of all the evidence in the record, we conclude            
          and hold that petitioner made separate gifts to each of his two             
          sons of 25-percent undivided interests in the leased land and the           
          bank stock.  The value of the total separate gifts to each son is           







               28 On brief, petitioner argues that because Lipscomb (and by           
          extension Dilmore) selected valuation discounts based upon a 50-            
          percent undivided interest in the leased land, as opposed to a              
          25-percent undivided interest, their recommended valuation                  
          discounts are understated.  Petitioner also argues that various             
          other cases have allowed fractional-interest discounts greater              
          than those recommended by petitioner’s own experts.  We must                
          determine the applicable valuation discount on the basis of the             
          facts in the record before us.  Here, petitioner has presented no           
          concrete, convincing evidence as to what additional amount of               
          discount, if any, should be attributable to a 25-percent                    
          undivided interest as opposed to a 50-percent undivided interest.           


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