Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 10




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          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.                                          





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