- 15 - investment company as the assessment and monitoring costs would be relatively low in the case of a sale of an interest in that company. Id. at 394; Lappo v. Commissioner, supra. KLLP is an investment company as 100 percent of its assets consist of cash and certificates of deposit. See McCord v. Commissioner, supra. a. The Estate’s Expert In determining the marketability discount, ATI used the restricted stock approach by drawing an analogy between partnership interests in KLLP and the common stock of a private, closely held corporation. In doing so, ATI considered several restricted stock studies and their findings. ATI also listed as barriers to marketability of a limited partnership interest in KLLP the following: (1) Once admitted as a limited partner, one must continue as a limited partner until all partners unanimously consent to the admission of a substitute limited partner and to the withdrawal of the transferring partner, and the limited partner must execute legal documents as required by the general partner, who must receive and approve the documents in writing; (2) a limited partner can assign, transfer, encumber, or pledge all or part of his partnership interest only if such assignment is fully executed by assignor and assignee, such assignment is received by the partnership and recorded on the books, and the transfer is approved by unanimous vote of all the partners; (3) no partner has a property right in any of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011