Estate of John L. Baird - Page 5




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          that Sarah’s 17/65 interest had a date of death fair market value           
          of $1,290,211.                                                              
                                       OPINION                                        
               We consider here circumstances where a married couple die              
          within 1 year of each other.  Each decedent, at the time of his             
          or her death, held a partial interest in a family trust.  The               
          trust, in turn, held 16 parcels of timberland.  The parties agree           
          on the fair market value of the 16 parcels of timberland on the             
          date of each decedent’s death.  The controversy centers on the              
          amount of discount applied where each decedent held a fractional            
          interest through the family trust.                                          
               Generally, the estates have approached valuation by means of           
          what they consider to be comparable sales of fractional                     
          interests.  On the basis of the relatively limited universe of              
          the sales of partial interests in timberland, the estates’                  
          experts have opined that discounts should range from 55 percent             
          to as much as 90 percent.  Respondent agrees that some discount             
          is appropriate, but he contends that the size of the discounts              
          proposed by the estates is excessive and that the estates’                  
          experts are merely advocates for petitioners’ position.                     
               Valuation of a property interest for Federal estate tax                
          purposes is a factual question.  See Estate of Bonner v. United             
          States, 84 F.3d 196, 197 (5th Cir. 1996); Sammons v.                        
          Commissioner, 838 F.2d 330, 333 (9th Cir. 1988), affg. on this              






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