Estate of H.A. True, Jr. - Page 122




                                       - 201 -                                        
          Commissioner, 79 T.C. at 953, because a minority interest holder            
          lacks control over company policy, cannot direct payment of                 
          dividends, and cannot compel a liquidation of company assets, see           
          Estate of Newhouse v. Commissioner, 94 T.C. at 249; Harwood v.              
          Commissioner, 82 T.C. at 267.  Applicability of minority                    
          discounts depends on the type of interest being appraised (i.e.,            
          degree of control the interest confers) and on any assumptions              
          regarding control that are implicit in the entity-level                     
          valuation.                                                                  
              For estate tax purposes, the property being valued is the               
          interest decedent owned at death.  See sec. 2031.  We arrive at             
          this value by examining the degree of control inherent in the               
          decedent’s interest and not the control conveyed to the                     
          decedent’s legatees.  See Estate of Chenoweth v. Commissioner, 88           
          T.C. 1577 (1987).  We determine whether a block of stock is a               
          minority interest without considering the identity and prior                
          holdings of the transferee, because the hypothetical willing                
          buyer-willing seller test is an objective test.  See Estate of              
          Watts v. Commissioner, 823 F.2d 483, 486-487 (11th Cir. 1987),              
          affg. T.C. Memo. 1985-595; Estate of Bright v. United States, 658           
          F.2d 999, 1005-1006 (5th Cir. 1981).                                        
              We find the 25-percent minority discount applied in Mr.                 
          Lax’s reserves method analysis to be unsubstantiated and                    
          unreliable.  The final Lax report vaguely described studies of              







Page:  Previous  191  192  193  194  195  196  197  198  199  200  201  202  203  204  205  206  207  208  209  210  Next

Last modified: May 25, 2011