- 61 - ownership interest in BFLP. Because the partnership interest decedent gave to Cynthia Bongard consisted of a portion of the property that triggered the application of section 2036(a)(1) we find that section 2035(a) is applicable to decedent’s transfer of the 7.72-percent limited partnership interest in BFLP. Thus, decedent’s gross estate includes the value of the WCB Holdings class B membership units held by BFLP on decedent’s death that is proportionate to the 7.72-percent limited partnership interest. V. Discounts Applicable to Decedent’s Membership Units in WCB Holdings The relevant part of section 2031 provides that any property included in a decedent’s gross estate is included at its fair market value. See also sec. 20.2031-1(b), Estate Tax Regs. The parties stipulated that on the alternate valuation date, May 16, 1999, Empak’s stock per share value was $32.24. This was used as the starting point by the parties to determine the value of the decedent’s interests in WCB Holdings and BFLP and was then decreased by stipulated discounts depending upon this Court’s determinations regarding the application of section 2036. We apply the discounts provided by the parties in their stipulation of settled issues with respect to the WCB Holdings membership units. If section 2036 was not applied to the transfers to WCB Holdings, the parties stipulated to a 13-percent lack of control discount and a 17.5-percent lack of marketability discount. We are left to apply the stipulation to the value ofPage: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
Last modified: May 25, 2011