Estate of Etta H. Weinberg - Page 9




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             of Andrews, supra at 956; Buffalo Tool & Die Manufacturing               
             Co. v. Commissioner, supra at 452; Messing v. Commissioner,              
             48 T.C. 502, 512 (1967); Furman v. Commissioner, T.C. Memo.              
             1998-157.                                                                
                  In this case, the parties agree that in valuing the                 
             subject limited partnership interest a minority discount                 
             and a lack of marketability discount must be applied.  The               
             minority discount accounts for a decedent’s lack of control              
             over the property.  See Ward v. Commissioner, 87 T.C. 78,                
             106 (1986); Harwood v. Commissioner, 82 T.C. 239, 267                    
             (1984), affd. without published opinion 786 F.2d 1174 (9th               
             Cir. 1986); Estate of Andrews v. Commissioner, supra at                  
             953.  The lack of marketability discount accounts for the                
             fact that there is no ready market for a decedent’s                      
             interest in the property.  See Estate of Andrews v.                      
             Commissioner, supra at 953.  While the parties agree that                
             both discounts are appropriate,  they disagree about the                 
             amount of each discount, and, thus,  they disagree about                 
             the value of the subject limited partnership’s interest.                 
                  To establish the value of the subject limited                       
             partnership interest, the parties rely upon the testimony                
             and report of their respective expert witnesses.  The Court              
             evaluates an expert opinion in light of the demonstrated                 







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