- 16 - as shown on the decedent's estate tax return. Respondent further contends that, because petitioner was the executrix of the decedent's estate and signed the estate tax return that listed the value of the total gross estate as $544,856, petitioner is estopped from asserting a different estate value. Petitioner asserts that the transfer was for a reasonably equivalent value because the items transferred to her from the decedent consisted of liabilities in excess of assets. Petitioner testified that the values on the estate tax return were incorrect, the items were subject to encumbrances, and the values were artificially inflated so that she could receive a higher step-up in basis. The values submitted by petitioner on the estate tax return are an admission by petitioner, and lower values cannot be substituted without cogent proof that the reported values were erroneous. Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989). The Sacramento County tax assessment offered by petitioner is insufficient to establish the fair market value of residential property because there is no evidence of the manner in which the assessed value was determined. Residential property assessments in California are limited by law and not necessarily based on fair market value. Cal. Const. Code art. 13A, sec. 2(a) (West 1996). Likewise, petitioner's unsupported testimony as to the value of other items is speculative and insufficient. Petitioner has failed to produce any evidence that would overcome the admission andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011