Peter S. Peracchio - Page 7

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          therefore should be disregarded for Federal gift tax purposes,              
          (2) that the partnership agreement should be treated as a                   
          restriction on the right to sell or use property (i.e., the                 
          property underlying the transferred partnership units) which must           
          be disregarded under section 2703(a)(2) in determining the                  
          Federal gift tax value of such property, (3) that the provision             
          in the partnership agreement restricting a limited partner’s                
          ability to liquidate his interest by withdrawing from the                   
          partnership should be treated as an applicable restriction under            
          section 2704(b) which must be disregarded in determining the                
          Federal gift tax value of the transferred partnership units, and            
          (4) that in determining the fair market value of the transferred            
          partnership units under the general valuation rule of section               
          2512, no discounts for lack of control and lack of marketability            
          are warranted.  Respondent has since abandoned the first three of           
          those four alternative theories and has modified his position               
          with respect to the remaining theory to allow for a 4.4-percent             
          discount for lack of control and a 15-percent discount for lack             
          of marketability.                                                           
                                       OPINION                                        
          I.  Introduction                                                            
               We must determine the fair market value, as of the date of             
          transfer, of 45.47-percent and 53.48-percent limited partner                








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