- 11 - generally bear the burden of proving this value wrong. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Leonard Pipeline Contractors, Ltd. v. Commissioner, 142 F.3d 1133, 1136 (9th Cir. 1998), revg. on another issue and remanding T.C. Memo. 1996-316; Estate of Jung v. Commissioner, 101 T.C. 412, 423 (1993); Estate of Gilford v. Commissioner, 88 T.C. 38, 51 (1987). To meet this burden, the record must contain enough evidence to support a finding contrary to the Commissioner's determination (so-called burden of coming forward), and taxpayers must demonstrate the merits of their claim by at least a preponderance of the evidence (so-called burden of persuasion). See Estate of Gilford v. Commissioner, supra at 51; see also Fed. R. Evid. 301. If taxpayers such as petitioners fail either burden, the Commissioner will prevail. See Estate of Gilford v. Commissioner, supra at 51; see also Rockwell v. Commissioner, 512 F.2d 882, 885 (9th Cir. 1975), affg. T.C. Memo. 1972-133; American Pipe & Steel Corp. v. Commissioner, 243 F.2d 125, 126 (9th Cir. 1957), affg. 25 T.C. 351 (1955). An arm's-length sale of property close to a valuation date is indicative of its fair market value. See Ward v. Commissioner, 87 T.C. 78, 101 (1986); Estate of Andrews v. Commissioner, 79 T.C. 938, 940 (1982); Duncan Indus., Inc. v. Commissioner, 73 T.C. 266, 276 (1979). If actual arm's-length sales are not available, fair market value represents the price that a hypothetical willing buyer would pay a hypothetical willing seller, both persons having reasonable knowledge of allPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011