Estate of Richie C. Heck, Deceased , Gary Heck, Special Administrator - Page 37




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          resulted in Dr. Bajaj’s determination of an overall 35-percent              
          discount, which he treats, in total, as a marketability discount.           
               Dr. Spiro determined a basic 15-percent liquidity                      
          discount,12 increased by an additional 10 percent for risks                 
          associated with Korbel’s status as an S corporation.  Thus, Dr.             
          Spiro’s total liquidity discount is 25 percent, which he applies            
          to the values that he determined under his market and income                
          approaches (i.e., values exclusive of the value of nonoperating             
          assets).  Dr. Spiro applied specific, separate discounts to                 
          nonoperating assets:  A 25-percent minority discount followed by            
          his overall 25-percent liquidity discount applicable to “excess             
          land”13 and a 25-percent minority discount applicable to “excess            
          cash”.                                                                      
                    b.  Marketability Versus Minority Discounts                       
               We have recognized that there is a distinction between a               
          discount for lack of marketability and a discount for the                   
          minority position of the interest to be valued.  As we stated in            
          Estate of Andrews v. Commissioner, 79 T.C. 938, 953 (1982):                 
               The minority shareholder discount is designed to                       
               reflect the decreased value of shares that do not                      
               convey control of a closely held corporation.  The lack                
               of marketability discount, on the other hand, is                       

               12  We interpret Dr. Bajaj’s references to a “marketability”           
          discount and Dr. Spiro’s references to a “liquidity” discount as            
          references to the same type of discount.                                    
               13  Because Dr. Spiro applies the two discounts                        
          consecutively, the total discount is 43.75 percent:  0.25 + (0.25           
          x 0.75) = 0.4375.                                                           




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