Estate of Ronald G. Keeton, Deceased, Kimberly Keeton Spence, Personal Representative - Page 12

                                       - 12 -                                         

          V.   Respondent Has Not Unfairly Prejudiced the Estate by Arguing           
               on Brief That the Adjusted Value of the Combined Interests             
               of the Corporations Does Not Exceed 50 Percent of the                  
               Adjusted Gross Estate.                                                 
               The estate argues that this Court should refuse to consider            
          respondent’s argument concerning the 50-percent test because                
          according to the estate, respondent raised it as a new issue in             
          his opening brief.  In support of its position, the estate cites            
          cases where this Court has declined to consider arguments raised            
          for the first time by a party in its pretrial memorandum or brief           
          where our consideration of such argument would surprise or                  
          prejudice the opposing party.  Harrison v. Commissioner, T.C.               
          Memo. 1994-268 (citing Gordon v. Commissioner, 85 T.C. 309, 331             
          n.16 (1985); Fox Chevrolet, Inc. v. Commissioner, 76 T.C. 708,              
          733-736 (1981)).                                                            
               The estate’s argument that it has been prejudiced revisits             
          the argument it made that respondent’s position contradicts the             
          stipulation of facts.  The estate’s position is that it is                  
          prejudiced because it agreed to forgo trial based upon the                  
          premise that the only issue in dispute was whether the estate               
          could combine the values of the two corporations to pass the 50-            
          percent test.  Based upon the estate’s reading of the stipulation           
          regarding the combined values of the corporations, the estate               
          assumed that whether the two corporations combined passed the 50-           
          percent test was no longer at issue.  We have already concluded             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011