Estate of Doris F. Kahn, Deceased, LaSalle Bank, N.A., Trustee and Executor - Page 20

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          payments remaining in decedent’s estate at death should receive a           
          marketability discount.  In Shackleford v. United States, 262               
          F.3d 1028 (9th Cir. 2001), the taxpayer had won a State lottery             
          and died prior to receiving all the payments.  The taxpayer was             
          precluded by State law from assigning those payments.  The United           
          States argued that the annuity rules of section 2039 should                 
          apply, and therefore the stream of payments should be valued                
          under the tables set forth in section 7520.  The estate argued              
          that because of the lack of marketability of the payments, a lack           
          of marketability discount should be allowed.  The Court of                  
          Appeals for the Ninth Circuit upheld the District Court ruling              
          and explained:  “We have long recognized that restrictions on               
          alienability reduce value.”  Shackleford v. United States, supra            
          at 1032 (citing Bayley v. Commissioner, 624 F.2d 884, 885 (9th              
          Cir. 1980); Trust Servs. of Am., Inc. v. United States, 885 F.2d            
          561, 569 (9th Cir. 1989)), affg. 69 T.C. 234 (1977).  The Court             
          of Appeals compared the situation with stock subject to resale              
          restrictions that prevented it from being sold freely in a public           
          market.  Shackleford v. United States, supra at 1032.                       
               The estate also cites a similar lottery case, Estate of                
          Gribauskas v. Commissioner, 342 F.3d 85 (2d Cir. 2003), revg. 116           
          T.C. 142 (2001), where this Court held on facts similar to                  
          Shackleford that the taxpayer could not take the marketability              
          discount.  The Court of Appeals for the Second Circuit reversed             






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