- 9 - concedes a case, by itself, is not sufficient to establish that the respondent’s position was or is unreasonable. Broad Ave. Laundry & Tailoring v. United States, 693 F.2d 1387, 1391-1392 (Fed. Cir. 1982); Sokol v. Commissioner, 92 T.C. 760, 767 (1989). However, it is a factor to be considered. Estate of Perry v. Commissioner, 931 F.2d 1044, 1046 (5th Cir. 1991). The 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 point and revg. in part on another ground T.C. Memo. 1986-318. Prior to the issuance of the notices of deficiency, respondent accepted the estates’ appraisal of the fair market value of the 16 parcels of realty held by the trust. Throughout the administrative and pretrial portions of these cases, the parties disagreed about the purely factual question of how much discount should be applied to the decedent’s fractional interests. During the administrative proceeding, the parties relied on expert opinions and appraisals in support of their respective positions. The estates, at various times, sought progressively larger discounts of 25, 50, 60 and 90 percent.7 Throughout the entire period, respondent contended that the cost to partition and sell 7 The estates variously claimed 25-, 50-, and then 60- percent discounts for the same interests. At trial, the estates sought an increased discount of 90 percent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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