- 6 - $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 aPage: 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