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parties for purposes of valuing the assets of the estate.
Furthermore, we note that the general contract principle of
contra proferentem weighs against respondent in this case. The
principle states that an ambiguous provision in a written
document is construed more strongly against the person who
selected the language. Rink v. Commissioner, 100 T.C. 319, 328
(1993) n.8; see e.g., United States v. Seckinger, 397 U.S. 203,
216 (1970).
Accordingly, we conclude that paragraphs 2 and 4 of the SPA
should be interpreted consistently with one another. Therefore,
we hold that the Rule 155 computation shall be computed so that
the receivable amounts relating to the advances to Dune Lakes by
the decedent are not includable in the estate.
To reflect the foregoing,
Decision will be entered in
accordance with the parties’
Rule 155 computation as revised to
conform with this opinion.
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