Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 51




                                       - 51 -                                         
          the market approach is based on trading done by minority                    
          stockholders.  Mr. Browning testified that he applied a minority            
          discount in this situation because if he did not then his market            
          approach generally yielded a value higher than the value                    
          determined under his DCF approach.  We do not find Mr. Browning’s           
          explanation for applying a minority discount in this situation to           
          be satisfactory because it is not based on valuation standards,             
          but rather on the fact that he is adjusting his valuation simply            
          to yield a result closer to that produced under his DCF approach.           
               The value of the consideration received by Cyril was                   
          determined in the notice of deficiency to be $43,878.  This                 
          determination is entitled to the presumption of correctness.  See           
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Estate           
          of Magnin v. Commissioner, 184 F.3d at 1081; Estate of Jung v.              
          Commissioner, 101 T.C. 412, 423 (1993).  In order to overcome the           
          presumption, the estate must introduce some substantial evidence            
          which shows that respondent was wrong.  See Rockwell v.                     
          Commissioner, 512 F.2d 882, 885 (9th Cir. 1975), affg. T.C. Memo.           
          1972-133; Estate of Gilford v. Commissioner, 88 T.C. 38, 51                 
          (1987).  The burden of showing that the valuation determinations            
          in the notice of deficiency are incorrect “is a burden of                   
          persuasion; it requires * * * [the estate] to show the merits of            
          * * * [its] claim by at least a preponderance of the evidence.”             
          Rockwell v. Commissioner, supra at 885; Estate of Gilford v.                






Page:  Previous  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  Next

Last modified: May 25, 2011