Estate of Paul C. Gribauskas - Page 31




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          Estate of Christ v. Commissioner, 54 T.C. 493, 535-537 (1970),              
          affd. 480 F.2d 171 (9th Cir. 1973).  It was equally well                    
          recognized that the burden of proving that this standard was met            
          rested on the party seeking to deviate from the tables.  See Bank           
          of Calif. v. United States, 672 F.2d 758, 759 (9th Cir. 1982);              
          Vernon v. Commissioner, supra at 489; Estate of Christ v.                   
          Commissioner, supra at 535.                                                 
               In the instant case, the estate maintains that the annuity             
          tables yield an unrealistic and unreasonable result for the                 
          decedent’s winnings on the grounds that “tabular valuation fails            
          to consider (1) the unsecured nature of the LOTTO prize                     
          obligation, (2) the lack of a corpus from which to draw upon, and           
          (3) the inability to assign, sell or transfer the interest.”  The           
          estate asserts that the nearly $925,000 difference between an               
          appraised value which purportedly takes these features into                 
          account and the section 7520 value shows failure by the tables to           
          produce a realistic result.  Respondent’s position, on the other            
          hand, is that case law authorizes departure from the tables only            
          where one or more of the “assumptions on which the tables are               
          based, namely probability of survival of the measuring life,                
          assumed rate of return, or assumed continuous availability of the           
          source of funds for payment of the interest” differ significantly           










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