- 10 - value of JM common and preferred stock to $2.25 and $1, respectively. The estate agreed to these changes.5 Deficiency Amount Cyril died testate on June 8, 1988, in San Francisco, California. Donald Isaac Magnin, Cyril’s oldest son, is the executor of Cyril’s estate, and he filed a timely Federal estate tax return. The estate tax return identified the 1951 Agreement and stated that Cyril received adequate and full consideration under the Agreement. In the notice of deficiency, respondent determined a deficiency of $1,921,528 in Federal estate tax. The deficiency was based in large part on respondent’s determination that the 5The parties stipulated that the estate and gift tax returns and the document setting forth the agreed-upon adjustments related to Joseph’s estate tax return were “authenticated and are admissible in evidence”. Rule 91(d) requires that “Any objection to all or any part of a stipulation should be noted in the stipulation, but the Court will consider any objection to a stipulated matter made at the commencement of the trial or for good cause shown made during the trial.” Additionally, “It is a fundamental rule of evidence that an objection not timely made is waived.” United States v. Jamerson, 549 F.2d 1263, 1266-1267 (9th Cir. 1977); Fed. R. Evid. 103(a)(1). In its reply brief, the estate argues for the first time that the document setting forth the agreed-upon adjustments related to Joseph’s estate tax return is inadmissible to establish values under Rule 143(a) and Fed. R. Evid. 408. By failing to make a timely and specific objection on the basis of Fed. R. Evid. 408, the estate waived its right to contest the admission of Joseph’s estate tax settlement on that ground. See Gilbrook v. City of Westminster, 177 F.3d 839, 859 (9th Cir. 1999). Furthermore, the estate’s objection to a stipulated document which the estate agreed was authenticated and admissible is untimely, and we decline to consider it. See Rule 91(d); Pan Am. Acceptance Corp. v. Commissioner, T.C. Memo. 1989-440.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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