Estate of Doris F. Kahn, Deceased, LaSalle Bank, N.A., Trustee and Executor - Page 11

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          their distribution.  The logic of the estate’s argument is that             
          the IRAs themselves are not transferable and therefore are                  
          unmarketable.  According to the estate, the only way that the               
          owner of the IRAs could create an asset that a willing seller               
          could sell and a willing buyer could buy is to distribute the               
          underlying assets in the IRAs and to pay the income tax liability           
          resulting from the distribution.  Upon distribution, the                    
          beneficiary must pay income tax.  Therefore, according to the               
          estate, the income tax liability the beneficiary must pay on                
          distribution of the assets in the IRAs is a “cost” necessary to             
          “render the assets marketable” and this cost must be taken into             
          account in the valuation of the IRAs.                                       
               In support of its argument, the estate cites caselaw from              
          three different areas of estate valuation that allow a reduction            
          in value of the assets in an estate for costs necessary to render           
          an estate’s assets marketable or that have otherwise considered             
          the tax impact of a disposition of the estate’s assets in other             
          contexts.  The first line of cases allows consideration of a                
          future tax detriment or a future tax benefit to the assets in the           
          estate.  The second line of cases allows a marketability discount           
          in connection with assets that are either unmarketable or face              
          significant marketability restrictions.  The third line of cases            
          allows for a reduction in value to reflect the cost of making an            
          asset marketable, such as the costs associated with rezoning and            






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