Estate of John L. Baird - Page 20




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          manage the 16 parcels, and it has been shown that his management            
          was poor.  These are facts that were available to and would                 
          certainly influence a knowledgeable buyer and should be factored            
          into the discount percentage.                                               
          The Possibility of Partition--Effect on Value                               
               The estates argue that the use of partition, as a legal                
          matter, is fraught with uncertainty.  Relying on their experts,             
          petitioners contend that partition of the properties in question            
          would be protracted, thus increasing the discount on the                    
          fractional interests in issue.  Respondent disagrees with                   
          petitioners and contends that the properties could be relatively            
          easily partitioned in 3 or 4 months if partition were                       
          uncontested.                                                                
               Generally, the “Potential costs and fees associated with               
          partition or other legal controversies among owners, along with a           
          limited market for fractional interests and lack of control, are            
          all considerations rationally related to the value of an asset.”            
          Estate of Bonner v. United States, 84 F.3d 196, 197-198 (5th Cir.           
          1996).  Accordingly, the cost of partition does not set some                
          absolute limit on the amount of discount.  Instead, it is a                 
          factor to be considered.                                                    
               Each party has attempted to either maximize or minimize the            
          effect that partition may have upon the discount attributable to            
          a fractional interest in timberland.  There is no way to                    






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