Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 16

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               The parties' disagreement turns upon the appropriate                   
          valuation of the Johnco shares for purposes of determining the              
          amount of Johnco stock bequeathed to Andrew pursuant to the                 
          unified credit bequest in John's will.  Respondent contends that            
          the Johnco share value reported on the estate tax return for                
          John's estate as John's date-of-death value--namely, $86.80 per             
          share--must be used.  Respondent thus calculates that 1,614                 
          shares of Johnco stock were required to fund a unified credit               
          bequest of $140,15010 (1,614 shares x $86.80 = $140,095.20),                
          leaving 81,251 in John's residuary estate inherited by decedent.            
          In respondent's view, since decedent served as executor of John's           
          estate and filed the return on which the $86.80 per-share value             
          as of John's date of death was reported, and this return has not            
          been amended, the $86.80 per-share value is an admission which              
          should be used as evidence of such value.                                   


               9(...continued)                                                        
          current information.”                                                       
               We believe that respondent's change from the position taken            
          in the notice, after petitioner acceded to it in the petition,              
          raises a "new matter" as that term is used in Rule 142, because             
          the ascertainment of the number of Johnco shares in decedent's              
          estate potentially requires different evidence, namely, of the              
          value of the Johnco shares at John's date of death, as opposed to           
          decedent's date of death.  Accordingly, the burden of proof                 
          shifts to respondent to establish that the number of Johnco                 
          shares in decedent's estate exceeded 80,485.  (Since respondent             
          first signaled this change of position in his answer by averring            
          that the number of Johnco shares in decedent's estate was                   
          "disputed", respondent was not required to seek leave to amend              
          his answer in order to put the issue of the number of shares                
          before us.)                                                                 
               10 This figure was the amount reported on the estate tax               
          return for John's estate as Andrew's unified credit bequest.                

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