Can an LLC interest be reported on Form 706 at its capital account balance?
No. The IRS requires fair market value at the date of death under IRC Section 2031, and it states directly that the gross estate is not based on what was paid for an asset. Capital accounts and tax basis omit goodwill, growth expectations, and the discounts appropriate to the specific interest.
What analysis does the IRS expect behind an LLC value on an estate tax return?
A Revenue Ruling 59-60 analysis covering the company's nature and history, economic and industry outlook, financial condition, earning and dividend capacity, goodwill, prior sales of the interest, and comparable companies, applied through the income, market, or asset approach as appropriate. Book value alone is not accepted support.
Are discounts for lack of control and marketability on a family LLC safe from challenge?
They are permitted but heavily scrutinized. Each discount must be supported by data and by the LLC's actual operating agreement and transfer restrictions, and Chapter 14 (IRC Sections 2701 through 2704) can disregard certain liquidation and transfer restrictions in family-controlled entities, capping how far discounting can go.
What happens if the IRS audits and adjusts the LLC's value?
The agreed post-audit values control later filings, including Form 706-A recomputations. Sharply different per-unit values across gift tax returns, buy-sell agreements, and the estate return are themselves a dispute trigger, so the Form 706 value should reconcile with every prior transfer of the same interest.