Estate of Paul Mitchell, Deceased, Patrick T. Fujieki, Executor - Page 31

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               In the notice of deficiency, respondent determined, in                 
          pertinent part, that petitioner had undervalued the JPMS common             
          stock.  Respondent determined that the fair market value of the             
          Trust's interest in the 1,226 shares of JPMS common stock at the            
          moment of death was $105  million.  Accordingly,  respondent                
          determined that the value of the gross estate should be increased           
          by $76.5 million.  The notice also determined section 6662(g) and           
          (h) penalties.                                                              
               Petitioner filed a petition in this Court challenging                  
          respondent's moment-of-death valuation for the Trust's 1,226 shares         
          of JPMS common stock, essentially restating the position taken on           
          the estate tax return.  In the original answer to petitioner's              
          petition, respondent restated the position taken in the notice of           
          deficiency.  Following the trial in this case, petitioner filed an          
          amended petition alleging that the value of the 1,226 shares of             
          JPMS common stock as of April 21, 1989, was $23,062,000, rather             
          than the $28.5 million reflected on both the estate tax return and          
          the original petition. In the answer to the amended petition,               
          respondent denied the allegations contained in petitioner's amended         
          petition.                                                                   
                              ULTIMATE FINDING OF FACT                                
               The moment-of-death value of the 1,226 shares of JPMS common           
          stock held by the Trust and includable in decedent's gross estate           
          was $41,532,600.                                                            





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