Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 28

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               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.                                




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