Estate of Eldon L. Auker, Deceased, Kimberlee J. Auker, Independent Personal Representative - Page 32

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        involving a valuation-related issue.  It is no mystery, therefore,            
        why valuation cases are ubiquitous.  Today, valuation is a highly             
        sophisticated process.  We cannot realistically expect that litigants         
        will, will be able to, or will want to, settle, rather than litigate,         
        their valuation controversies if the law relating to valuation is             
        vague or unclear.  We must provide guidance on the manner in which we         
        resolve valuation issues so as to provide a roadmap by which the              
        Commissioner, taxpayers, and valuation practitioners can comprehend           
        the rules applicable thereto and use these rules to resolve their             
        differences.  Clearly articulated rules will also assist appellate            
        courts in their review of our decisions in the event of an appeal.            
             We decide whether a market absorption discount applies to any of         
        the subject property, mindful that the estate bears the burden of             
        proof and that the presence of a market absorption discount is never          
        presumed.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933);         
        see Estate of Gilford v. Commissioner, 88 T.C. 38, 57 (1987); see             
        also Rushton v. Commissioner, 498 F.2d 88 (5th Cir. 1974), affg.              
        60 T.C. 272 (1973); Maytag v. Commissioner, 187 F.2d 962 (10th Cir.           
        1951), affg. a Memorandum Opinion of this Court; Staley v.                    
        Commissioner, 41 B.T.A. 752, 775 (1940); Estate of Sawade v.                  
        Commissioner, T.C. Memo. 1984-626, affd. 795 F.2d 45 (8th Cir. 1986).         
        The estate argues that a 15-percent market absorption discount                
        applies to each parcel of the subject property.  The estate claims            







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