- 17 - With the exception of the affidavit by Rufus A. Chambers, discussed below, all of the disputed items relate either to the estate’s attempts to obtain a private letter ruling in this matter or to respondent’s internal communications in preparing the statutory notice. To the extent that these materials contain pertinent factual information, such facts are otherwise present in the record by means of uncontested stipulations and exhibits. To the extent that the documents contain respondent’s legal conclusions, they are without a place in our analysis. As we have previously established, “a trial before the Tax Court is a proceeding de novo; our determination as to a petitioner’s tax liability must be based on the merits of the case and not any previous record developed at the administrative level.” Greenberg’s Express, Inc. v. Commissioner, supra at 328. In carrying out this mandate here, we cannot substitute selected conclusions made by respondent in administrative papers for our own. We instead must engage in an independent review of the facts and application of law thereto. The disputed materials thus are basically superfluous, and we sustain respondent’s objections. With respect to the affidavit of Mr. Chambers, the parties focus their arguments on the standards for admissibility of parol evidence to aid in construction of a will. The affidavit of Mr. Chambers, the attorney who drafted the 1970 will, was preparedPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011