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Valuation is often a major issue in estate and gift tax returns, and the appropriateness of valuations has long been litigated. The 11th Circuit, in Estate of Jelke, recently reversed the U.S. Tax Court by ruling that the value of a holding company is reduced by the entire built-in capital gains tax liability for federal estate tax purposes. The 11th Circuit joins the 5th Circuit in this holding. Previously, the 2d and 6th circuits had held that some discount is appropriate, but not a full reduction.
January 28, 2008 at 12:00 AM
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The original version of this story was published on National Law Journal
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