- 20 - 2–-an ownership interest that cannot reliably be assumed to have a value equal to one-half the value of the whole. More fundamentally, we are unpersuaded by Biles’ conclusion that the California motel should be valued at $819,000.5 As previously discussed, the primary focus of Biles’ “desk review” was the Ohrmund report’s application of the income method and, in particular, its indicated capitalization rate and net income figures. The reasons Biles gives in support of his adjustments to the Ohrmund report are highly conclusory and lacking in analytical support. For instance, Biles’ downward adjustment of the California motel’s value on account of the alleged need of decedent’s estate to make a “distress sale” to settle the estate (an otherwise unsubstantiated factual premise) is inconsistent with the concept of fair market value as determined by reference to a hypothetical willing buyer and willing seller. “The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell * * *. The fair market value * * * is not to be determined by a forced sale price.” Sec. 20.2031-1(b), Estate Tax Regs. 5 Although petitioner seems to suggest that Biles’ downward adjustment of the $1,388,000 Ohrmund report valuation resulted from Biles’ consideration of decedent’s individual ownership interest in parcel 2, Biles’ report clearly indicates that this was just one of several factors that entered into his analysis. Although Biles mentions the parcel 2 title problem, he does not separately identify its effects upon his final conclusions.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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