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Jon F. Spadorcia, S. Douglas Trolson, and Robert J. Milford,
for petitioner.
Russell D. Pinkerton, for respondent.
MEMORANDUM OPINION
LARO, Judge: The Estate of Joseph R. Cloutier, Joseph A.
Cloutier, Fiduciary, petitioned the Court to redetermine
respondent's determination of a $1,212,230 deficiency in the
Federal estate tax of the Estate. Following concessions, we must
decide whether a discount for lack of marketability applies to
the stipulated value of stock owned by the Decedent at the time
of his death, and, if so, the amount of this discount.1 We hold
that no discount applies. Unless otherwise indicated, section
references are to the Internal Revenue Code in effect as of the
date of the Decedent's death. Rule references are to the Tax
Court Rules of Practice and Procedure. We refer to Joseph R.
Cloutier as the Decedent. We refer to the Decedent’s estate as
1 At trial, the Fiduciary made an oral motion that the Court
seal the record as to financial information concerning the
Estate. We did not rule on the Fidiciary’s motion at that time,
taking the matter under advisement pending release of our
Memorandum Opinion herein. The oral motion to seal the record
will be denied. Official records of this Court are open to the
public for inspection, Richmond Newspapers, Inc. v. Virginia, 448
U.S. 555, 567-568 (1980), unless a moving party shows that
sufficient countervailing interests outweigh the public interest
in access, Willie Nelson Music Co. v. Commissioner, 85 T.C. 914,
917-920 (1985). Petitioner has failed to make such a showing.
See Estate of Murphy v. Commissioner, T.C. Memo. 1990-346.
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