- 18 - 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,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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