Estate of Frazier Jelke III, Deceased, Wachovia Bank, N.A., f.k.a. First Union National Bank, Personal Representative - Page 24

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          Accordingly, and unlike the situation in Estate of Dunn,                    
          decedent’s 6.44-percent interest in CCC would be insufficient to            
          cause liquidation.                                                          
               The estate also argued that CCC’s relatively low earnings              
          and modest dividends would cause a hypothetical buyer to prefer             
          liquidation.  We are unpersuaded by the estate’s supposition,               
          which is contradicted by the record in this case.  CCC performed            
          well and kept pace with the S&P 500, defying the notion that it             
          is an underperforming company.  An investor may seek gain from              
          dividends, capital appreciation, or a combination of the two.               
          Accordingly, we hold that neither the circumstances of this case            
          nor the theory or method used to value the minority interest in             
          CCC requires an assumption of complete liquidation on the                   
          valuation date.11                                                           
               Having held that an assumption of complete liquidation on              
          the valuation date does not apply in this case, we must consider            
          the amount of the reduction to be allowed for the built-in                  
          capital gain tax liability.  Respondent’s expert began with the             
          total amount of built-in capital gain tax liability                         
          ($51,626,884); and after determining when the tax would be                  
          incurred, he discounted the potential tax payments to account for           
          time value principles.  The estate attacks that approach by                 


               11 We also note that we do not assume a rate of return lower           
          than our discount rate, as we were said to have done in Estate of           
          Jameson v. Commissioner, 267 F.3d 366, 372 (5th Cir. 2001), revg.           
          T.C. Memo. 1999-43.  Accordingly, our assumption of continuing              
          operations is not “internally inconsistent”.  Id.                           




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