Estate of Eileen Kerr Stevens - Page 26




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          discount is appropriate for all three of the properties.  This              
          figure is supported by the factor analysis for fractional                   
          interests, which gave us a figure between 25 percent and 27                 
          percent.  We do not limit the discount to the costs of                      
          partitioning because such a discount does not account for the               
          factors of control and marketability in the circumstances of this           
          case.  An interest in income-producing, improved real property              
          without control and in a closely held family property may be                
          difficult to sell.  But, on the positive side, the properties are           
          in average to very good condition, with remaining economic lives.           
          They all had good rental histories with creditworthy tenants and            
          are well located.                                                           
               In summary, we hold that the fair market value of the Kmart            
          property was $5,300,000 as of the date of decedent’s death and              
          decedent’s 50-percent undivided interest had a value of                     
          $1,987,500 after a 25-percent marketability discount.  The 50-              
          percent undivided interest in the Walgreen property had a fair              
          market value of $1,335,000 before a 25-percent discount,                    
          resulting in a returnable value of $1,001,250.  Finally, the 50-            
          percent undivided interest in the Wells Fargo property had a fair           
          market value of $493,975 before a 25-percent discount, resulting            
          in a returnable value of $370,481.                                          










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