Estate of Beatrice Ellen Jones Dunn - Page 6




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          $861,485, for a total deficiency of $1,100,000.  Consequently,              
          petitioner bears the burden of proof to show error in                       
          respondent’s initial determination of a $2,229,043 value in                 
          decedent’s Dunn Equipment stock, whereas respondent bears the               
          burden of proving any value in excess of the initial                        
          determination.  See Rule 142(a); Welch v. Helvering, 290 U.S. 111           
          (1933); P.D.B. Sports, Ltd. v. Commissioner, 109 T.C. 423, 444              
          (1997).                                                                     
               The dispute in the instant case concerns the proper method             
          for valuing an interest in a company in which asset-based value             
          and earnings-based value are widely divergent.  Petitioner argues           
          that the value of decedent’s 62.96-percent interest should not              
          exceed $1,582,185, based on a 50-50 weighting of asset- and                 
          earnings-based values.  Respondent, on the other hand, argues               
          that the value of decedent’s interest is equal to 62.96 percent             
          of Dunn Equipment’s net asset value, minus an appropriate                   
          discount for lack of marketability and lack of super-majority               
          control, for a final value of $4,430,238.                                   
               Fair market value is defined as “‘the price at which the               
          property would change hands between a willing buyer and a willing           
          seller, neither being under any compulsion to buy or to sell and            
          both having reasonable knowledge of relevant facts.’”  United               
          States v. Cartwright, 411 U.S. 546, 551 (1973) (quoting sec.                
          20.2031-1(b), Estate Tax Regs.).  The best method to value a                






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