- 9 - fair market value of the Ranch was finally determined. Executrix could have pleaded special use valuation as an alternative position in this case. For reasons unknown to the Court, she did not do so. In short, the settlement agreement shows that the parties agreed on the “value” of the ranch, and we believe that respondent was entitled to infer that “value” in this context meant value for estate tax purposes. We have no doubt that respondent entered into the stipulation on that assumption, thereby forgoing the higher “value” asserted in the deficiency notice. Executrix would have us hold that the “value” ought to be lower than in the stipulation due to the application of a special form of valuation that is not mentioned in the pleadings, in the stipulation, or in the negotiations leading to the stipulation. We refuse to do so. The parties struck a bargain in the stipulation, and Executrix must live with the benefits and burdens of it. Each party bore the responsibility to negotiate a written settlement that accurately reflected that party’s position. In agreeing to the written settlement here, Executrix failed to preserve her claim to special use valuation under section 2032A.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011