Kristine A. Cluck - Page 8

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          land located in Grapevine, Texas.  He asserted that she owned               
          only a one-half interest in the property on the date of her                 
          death, and that the fair market value was $527,250.                         
          Alternatively, Elwood alleged that, in the event the Court                  
          determined that Martha Cluck owned the entire legal interest in             
          the Grapevine property at the date of her death, the fair market            
          value thereof did not exceed $1,054,500.                                    
               On November 25, 1988, we consolidated the cases of Elwood              
          and his brothers, and the consolidated case was set for trial.              
          On February 27, 1989, Elwood and his brothers entered into an               
          agreement with respondent, styled "Stipulation of Settled                   
          Issues."7  The agreement provided, among other things, that 100             
          percent of the value of the Grapevine property would be included            
          in Martha Cluck's gross estate.  In addition, the parties agreed            
          that the fair market value of Martha Cluck's 100-percent interest           
          in the Grapevine property on the date of her death was                      
          $1,420,000.  Separate decisions were entered in the Estate case             
          as to each of the brothers based on the aforementioned agreement.           



          7  Petitioner argues that evidence of the agreement between the             
          Cluck brothers and respondent is inadmissable under Rule 91(e),             
          because it was a stipulation which was used in another case.                
          Although styled as a stipulation, the settlement is an agreement            
          between the parties which was deemed stipulated for purposes of             
          this case.  See supra note 3.  Furthermore, the agreement is                
          relevant and not barred by any evidentiary rule.  We therefore              
          find that the agreement is admissible in this case.  AMERCO &               
          Subs. v. Commissioner, 96 T.C. 18, 43-44 (1991), affd. on other             
          grounds 979 F.2d 162 (9th Cir. 1992).                                       




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