- 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