- 28 - As found above, in October 1995, Ms. Cawley and Ms. Slater each transferred $160,000 to their mother in exchange for certain percentages in their respective FLPs.30 The problem here is that there is no evidence as to the fair market value of the FLP interests on the date that the daughters purchased them. The percentages that the daughters received in the exchange were on the basis of Mr. Lipof’s appraisal of the underlying real estate. Mr. Kirchik then applied minority and marketability discounts to arrive at a price per 1-percent interest. There is no evidence that the discounts taken under these facts were appropriate. Indeed, in his letters, Mr. Kirchik specified that he made “no representation * * * that these discounts will hold up”. While we agree that in certain circumstances discounts may be appropriate in valuing interests in property, nonetheless there must be some showing that the discounts taken were appropriate. Mr. Kirchik’s letters31 provide no basis upon which we may judge whether the discounts taken were appropriate. There are no expert witness reports in the record, and no experts testified at trial. Accordingly, we agree with respondent that the record fails to demonstrate that these payments constitute adequate and full consideration as required by section 2036. However, we do 30See supra notes 16 and 17. 31Mr. Kirchik did not testify at trial.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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