- 21 - Petitioner challenges respondent’s partition cost approach. Petitioner contends that the three properties could not be partitioned, claiming that decedent and her husband, later represented by the Trust, waived any right to partition the properties held jointly by reason of oral and written contracts. If no partition is available, petitioner maintains that Thomson’s discount methodology based on partitioning costs is pertinent only as one of the factors of the loss of control discount. Petitioner’s argument must fail because the Trust and decedent’s trust each provide the trustee with the power to partition the property. The importance of partitioning costs is dependent on the circumstances of each case. Partition is a more viable approach where real property is unimproved. Where significant income-producing improvements are involved, partition is a less plausible approach. Respondent’s use of partition cost alone does not give adequate weight to other reasons for discounting a fractional interest in this case such as the significance of the control factor and the historic difficulty of selling an undivided fractional interest in improved real property. See Williams v. Commissioner, T.C. Memo. 1998-59. Petitioner contends that the discount applied to decedent’s 50-percent interests should be greater than just the cost to partition. Hulberg, petitioner’s primary expert, estimated thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011