Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 52




                                       - 52 -                                         
          Commissioner, supra at 51; see also Estate of Simplot v.                    
          Commissioner, 112 T.C. at 149-150.                                          
               The estate’s valuations of the interests transferred and               
          received by Cyril contain errors under both a hypothetical                  
          standard and an actual standard.  These errors cast doubt on the            
          estate’s overall valuation of the interests in issue, and we                
          accord little weight to the estate’s valuations in reaching our             
          decision.  Accordingly, the estate has failed to carry its burden           
          of establishing that the value of the consideration received by             
          Cyril was different from the value determined in the notice of              
          deficiency.                                                                 
               Respondent bears the burden of proving any increases in the            
          deficiency asserted in the amended answer (i.e., that the                   
          consideration received by Cyril was less than $43,878).  See Rule           
          142(a); Estate of Bowers v. Commissioner, 94 T.C. 582, 595                  
          (1990).  Respondent presented evidence and testimony in support             
          of the position that the value of the consideration was                     
          approximately $30,500.                                                      
               Respondent partially relied on Mr. Stewart’s DCF analysis in           
          valuing the interests at issue.  After trial, Mr. Stewart                   
          corrected his error of not subtracting projected capital                    
          expenditures in his original report, but it is troubling that               
          such a large mistake was made in the first place.  Also, Mr.                
          Stewart used a valuation date of January 31, 1952, instead of               
          October 31, 1951, because he claims that he would have had to               
          rely on information that was 9 months old.  While events                    





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