Estate of Eileen Kerr Stevens - Page 21




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               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 the             








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