Estate of Frazier Jelke III, Deceased, Wachovia Bank, N.A., f.k.a. First Union National Bank, Personal Representative - Page 41

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          not be interested in control.  Because there are no restrictions            
          on the transferability of CCC shares, that factor would favor a             
          lower-than-average discount.                                                
               The holding period for CCC stock would favor a higher-than-            
          average discount because, absent a sale, some of the trusts                 
          holding shares cannot terminate in less than 20 years.  In                  
          addition, because gain from the investment relies more heavily on           
          long-term appreciation, that would also extend the necessary                
          holding period to realize the investor’s goals in such an                   
          investment.  CCC has no redemption policy, although the board               
          indicated that it would consider redeeming an individual                    
          shareholder’s shares.  Accordingly, it is uncertain whether                 
          redemption will occur, and the existence of such uncertainty                
          warrants a somewhat higher than average discount.  There is no              
          reason to consider “the costs of going public” in the                       
          circumstances of this case.                                                 
               Accordingly, the factors outlined in Mandelbaum v.                     
          Commissioner, supra, overall, favor a lower-than-average discount           
          for lack of marketability.  We hold that 15 percent is an                   
          appropriate discount for lack of marketability.  This discount,             
          coupled with the 10-percent discount for lack of control produces           
          a 23.5-percent discount (1-(1-.10)(1-.15)).16  Accordingly, we              




               16 As already noted, the discounts reflected for the funds             
          Mr. Frazier found to be comparable in his closed-end fund study             
          may have reflected more than a lack of control discount.                    




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