- 32 - 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 claimsPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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