- 7 - new factual issues that would require additional evidence including, perhaps, expert testimony. Respondent maintains that the settlement agreement filed with the Court on July 3, 1995, incorporates the full terms of the parties' agreement and that the agreement speaks for itself. Since the deficiency notice, the petition and other pleadings, and the settlement document are all silent with respect to the application of section 2032A, respondent contends, Executrix is not entitled to the benefits of that section and the regulations thereunder. Executrix argues that the parties' stipulation of settlement encompasses only those issues raised in the notice of deficiency, i.e., the fair market value of the Ranch. Executrix contends that the settlement agreement covered neither the amount of the deficiency, nor its computation. Executrix maintains that the estate's use of section 2032A is a "mechanical computation", and that Executrix's election of that section's provisions is necessarily dependent on the fair market value of all of the decedent's property, as finally determined or agreed to following an examination of the return. Executrix argues that respondent's failure to consider the possible impact of Executrix's protective election during the settlement negotiations does not constitute aPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011