- 23 - parcel 2.8 In these unusual circumstances, where decedent himself was the only potential adverse claimant with respect to the parcel 2 title defect that petitioner contends decreased the value of decedent’s 50 shares of C&L Bailey stock, and on this record, we have no reasonable basis for estimating the amount of any resulting net decrease in the value of decedent’s gross estate.9 8 Because decedent’s gross estate included only a total 50- percent interest in C&L Bailey (the sum of the 25-percent interest that decedent owned outright and the 25-percent interest includable under sec. 2044 as QTIP property), his estate would realize only a proportional benefit from any decrease in the value of the California motel, further limited by any applicable valuation discount utilized in determining the value of his C&L Bailey shares. On the other hand, the gross estate should reflect the full value of decedent’s individual ownership interest in parcel 2. For example, assuming that a 50-percent combined valuation discount is applicable (to foreshadow our eventual holding in this regard), a hypothetical $100,000 title- related decrease in the value of the California motel would result in only a $25,000 decrease (($100,000 x (1-.5)) x .5) in the gross estate. If the value of decedent’s ownership interest in parcel 2 were determined to be at least $25,000 and included in decedent’s gross estate, the estate would realize no net benefit from these adjustments. Stated another way, any title- related impairment to the California motel value would have to exceed the value of decedent’s individual ownership interest in parcel 2 by at least a factor of 4 before disregarding these unequal and opposite valuation effects (as in respondent’s determination) would result in any net detriment to the estate. The record contains no basis for reliably quantifying such asymmetrical valuation effects. 9 In reaching this result, it is unnecessary for us to consider, and we do not attempt to resolve, conceptual issues as to whether decedent’s potentially self-opposing interests in parcel 2 (as the individual owner of a one-half interest therein, on the one hand, and as a 25-percent stockholder of C&L Bailey, on the other hand) should be considered separately so as to (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011