Estate of Lewis A. Bailey, Deceased, Frances Jeanette Foster, Executrix - Page 19




                                       - 19 -                                         
                    Our Valuation of the California Motel                             
               At his death, decedent owned both a one-half undivided                 
          interest in parcel 2 and 50 shares of C&L Bailey stock.  C&L                
          Bailey, in turn, owned the other half of parcel 2, as well as the           
          motel that sat upon it.  The estate, being initially unaware of             
          decedent’s individual ownership interest in parcel 2,                       
          inadvertently omitted this asset from decedent’s gross estate on            
          the estate tax return.  Petitioner now contends that this                   
          inadvertent omission should be cured by increasing decedent’s               
          gross estate by $64,100, on the basis of Biles’ determination of            
          the date-of-death value of decedent’s ownership interest in                 
          parcel 2.  At the same time, petitioner contends, the value of              
          the 50 shares of C&L Bailey stock included in decedent’s gross              
          estate should be reduced from $370,708 (as reported on the estate           
          tax return) to $194,565, to reflect the “title problem” that                
          petitioner contends reduced the value of the California motel               
          from $1,388,000 (as indicated by the Ohrmund report, on which the           
          relevant values reported on the estate tax return were                      
          predicated) to $819,000 (as determined by Biles).                           
               We are unpersuaded by petitioner’s contentions.  In the                
          first instance, Biles’ conclusion that decedent’s ownership                 
          interest in parcel 2 should be valued at $64,100 appears based on           
          an erroneous assumption that decedent owned all of parcel 2.  In            
          fact, decedent owned only a one-half undivided interest in parcel           







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