Estate of Doris F. Kahn, Deceased, LaSalle Bank, N.A., Trustee and Executor - Page 21

                                       - 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