Estate of F. Wallace Langer, Deceased, Clarence D. Langer, Jr., Executor - Page 13

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               We disagree with Mr. Kelley’s use of a discounted cashflow             
          analysis for two reasons.  First, Mr. Kelley did not determine              
          Phase 5’s fair market value on the appropriate date--the date of            
          death.  Because we are determining fair market value on the date            
          of death, it necessarily follows that the hypothetical sale                 
          between a willing buyer and a willing seller consummates on the             
          date of death.  See United States v. Cartwright, 411 U.S. at 551;           
          sec. 20.2031-1(b), Estate Tax Regs.  Mr. Kelley did not determine           
          the price at which Phase 5 would change hands between a willing             
          buyer and a willing seller on the date of death.  Instead, he               
          determined the price at which Phase 5 would change hands 3 years            
          after the date of death and then discounted this amount by 12               
          percent annually for 3 years, as demonstrated by his testimony:             
          “In my valuation analysis, I’m appraising it for a buyer that               
          would most probably buy it three years from the date of                     
          valuation, because I didn’t feel that it was really marketable at           
          that point in time and therefore, I needed to discount that value           
          over a 3-year period.”                                                      
               Second, we do not agree with Mr. Kelley’s conclusions on               
          which he based his use of a discounted cashflow analysis.  By               
          using a discounted cashflow analysis, Mr. Kelley attempted to               
          reduce Phase 5’s value to account for:  (1) The uncertainty of              
          offsite costs; (2) the City of Sherwood’s stance on further                 







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