- 31 - 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 significantlyPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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