Estate of Eileen Kerr Stevens - Page 18




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          percent and 11 percent, such as those that petitioner’s experts             
          used, are supported by the national real estate investors’                  
          surveys at the time of decedent’s death.  Furthermore,                      
          petitioner’s experts did not attempt to manipulate rates to                 
          produce inconsistent, yet favorable, discounts on income and loss           
          from the same period within a single valuation method.  For these           
          reasons, we sustain petitioner’s reported fair market value and             
          hold that the value of the Kmart property at the date of                    
          decedent’s death was $5,300,000.                                            
          Discounts                                                                   
               Discounts to the fair market value of property may be                  
          appropriate to reflect a lack of control and/or a lack of                   
          marketability.  A lack of control is the inability to change                
          corporate or business attributes.  See Estate of Casey v.                   
          Commissioner, T.C. Memo. 1996-156.  The owners here are all                 
          family members, but it cannot be assumed that a family will                 
          always act as a unit in matters regarding the property.  See                
          Citizens Bank & Trust Co. v. Commissioner, 839 F.2d 1249, 1253              
          (7th Cir. 1988).  Generally, there is no ready market for a                 
          partial interest in a closely held property and that lack of                
          marketability causes a reduced liquidity.  See Estate of Casey v.           
          Commissioner, supra.  The need for employing a discount is                  
          dependent on whether a decedent’s partial interest would affect             
          the marketability of a property.  See Propstra v. United States,            






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