Value Discounts
Laura McCann/IowaBar
Monday January 22, 2007 09:49



----- Message from "John Coonley" <highcut@mchsi.com> on Tue, 18 Jul 2006 09:38:44 -0600 -----
To:
<realestate@iabar.org>
Subject:
Re: Value Discounts

Brad:
 
I am currently in audit on that issue.  My audit is on a Federal 706 and I have my initial audit conference tomorrow although I have had some preliminary discussions with the auditor.
 
My situation is that decedent owned an undivided 1/2 interest in farm land with the other 1/2 owned basically by his children.  Much animosity in the family.  We took a discount in excess of the cost of partition (backed up by an appraisal) and the I.R.S. is contesting the discount.  
 
I have a list of cases cited by Neil Harl in his annual farm outlines - if you are interested I will dig them out for you.
 
The bottom line at least as far as the I.R.S. is concerned is that they will concede the cost or partition (their estimate is 8%) and will fight over more.  Not sure if the IDR position is parallel to IRS position or not.
 
John Coonley
641-456-4741
----- Original Message -----
From: Brad Nelson
To: realestate@iabar.org ; probate@iabar.org
Sent: Tuesday, July 18, 2006 8:23 AM
Subject: Value Discounts

Has anyone ever taken a lack of control or lack of marketability discount on an undivided interest in real estate for purposes of a probate inventory or Iowa inheritance tax return?
 
Problem is this:  Client inherits under decedent's will an option to purchase an undivided one-half interest in a farm at "the value fixed in my estate for Iowa Inheritance Tax purposes".  I want to argue that fair market value or value for inheritance tax purposes of an undivided one-half interest is significantly different than the fair market value of the whole farm divided by 2.
 
This has to have been argued before.  I am just taking the easy way out here.
 
Your thoughts will be appreciated.
 
I am sending this to both the probate and real estate boards so if you get two of these I apologize.
 
Brad Nelson