Estate of Richard R. Simplot - Page 26




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                                       OPINION                                        
          Issues 1 and 2.  Valuation of J.R. Simplot Co. Stock                        
               Our fundamental task is to determine the fair market value of          
          18 shares of class A voting stock and 3,942.048 shares of class B           
          nonvoting stock in J.R. Simplot Co. owned by decedent at the time           
          of his death.  In performing this task, we must decide whether              
          under the facts and circumstances presented, a premium should be            
          accorded to the voting privileges of the class A voting stock and,          
          if so, the amount of that premium.  Petitioner took the position            
          that no premium should be given to the voting privileges of the             
          class A stock and thus in the estate tax return valued both the             
          class A voting stock and class B nonvoting stock at $2,650 per              
          share, or an aggregate fair market value of $47,700 for the class           
          A voting stock and $10,446,427 for the class B nonvoting stock.  On         
          the other hand, respondent asserts that the class A voting stock is         
          entitled to a premium for voting privileges and in the statutory            
          notice of deficiency determined an $801,994.83 per-share value for          
          the class A voting stock, for a total value held by decedent in             
          that class of $14,435,907, and a $3,585.50 per-share value for the          
          class B nonvoting stock, for a total value held by decedent in that         
          class of $14,134,213.  On brief, respondent concedes that the               
          values of decedent's class A and class B shares do not exceed               
          $11,090,094 and $13,887,007, respectively.                                  
               It is well settled that a presumption of correctness attaches          
          to respondent's notice of deficiency.  See Helvering v. Taylor, 293         
          U.S. 507, 515 (1935); Cohen v. Commissioner, 266 F.2d 5, 11-12 (9th         

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