- 21 - the Tax Court and allowed the marketability discount. In allowing a marketability discount, the Court of Appeals reasoned that the “right to transfer is ‘one of the most essential sticks in the bundle of rights that are commonly characterized as property,’ and that an asset subject to marketability restrictions is, as a rule, worth less than an identical item that is not so burdened.” Id. at 88 (quoting Shackleford v. United States, supra at 1032). The estate’s analogy fails to recognize a fundamental difference between the installment payments in a lottery prize and securities in an IRA. Lottery payments are classified as annuities. Estate of Gribauskas v. Commissioner, 116 T.C. 142 (2001), revd. on other grounds 342 F.3d 85 (2d Cir. 2003). The restriction on marketability in both Shackleford and Gribauskas applied to each constituent payment within the entire prize. IRAs, however, are trusts composed of marketable assets. See sec. 408(a), (h). As we have already discussed, the underlying assets of the IRAs are publicly traded securities that have no such marketability restrictions. Therefore, Shackleford and Gribauskas do not support a marketability discount in this case.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011