J.C. Shepherd - Page 46




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          knowledge, there is no disagreement as to this aspect of the                
          majority opinion.                                                           
               Second, the majority opinion values the two gifts made by              
          petitioner.  In the case of the bank stock, the parties                     
          stipulated that before the transfer to the partnership the                  
          aggregate value of the stock of the three banks that was included           
          in the transfer was $932,219.  In view of the fact that the stock           
          of each of the three banks represented a minority interest in the           
          bank, the majority reduced or discounted the value of the stock             
          by 15 percent.  This discount was claimed on petitioner’s gift              
          tax return, and respondent did not contest it in these                      
          proceedings. There is nothing to suggest that the amount of this            
          discount would vary depending on whether the gifts were valued in           
          the aggregate or separately.  The majority then, in effect,                 
          treats 50 percent of the remaining value as having been retained            
          by petitioner through his interest in the family partnership and            
          treats 25 percent of the remaining value, $198,097, as a gift to            
          each son in accordance with section 25.2511-1(h)(1).                        
               In the case of the leased land, after resolving  various               
          factual disputes between and among the parties’ expert witnesses,           
          the majority opinion concludes that the present value of the                
          leased land, before the transfer to the partnership, was                    
          $757,064.  In view of the fact that the gifts made by petitioner            
          were gifts of undivided interests in the leased land, the                   
          majority agrees that the value of the leased land should be                 
          reduced or discounted by 15 percent due to the fact that the                



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