Authored by John Walker and Chris D. Treharne, ASA, MCBA, BVAL of Gibraltar Business Appraisals, Inc. a member firm of FCG Issue 12:10
Estate of Marie J. Jensen, Deceased, Virginia E. Maurer, Executrix, Petitioner v. Commissioner of Internal Revenue, Respondent
T.C. Memo. 2010-182, Docket No. 25681-08, Filed August 10, 2010.
The Tax Court considered the amount of discount allowable for built-in long term capital gains tax when calculating the value of an estate’s controlling, 82-percent interest in a closely-held C corporation owning real estate.
Reversing its positions in Eisenberg, Estate of Dunn, and Estate of Jelke, the Tax Court allowed Jensen’s built-in, long term capital gains tax to be deducted dollar-for-dollar. A less apparent fact associated with the case: The taxpayer and IRS stipulated that the value of the 82-percent, controlling interest was subject to a 5% discount for lack of marketability from its pro rata share of tangible net asset value.