Estate of Cyril I. Magnin, Deceased, Donald Isaac Magnin, Executor - Page 54




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          does not contain a valuation determination of the remainder                 
          interest transferred by Cyril.                                              
               The notice of deficiency determined that the amount                    
          includable in the gross estate was the value at the time of                 
          Cyril’s death of the 1971 trusts in which Cyril retained a life             
          interest, minus the value of the consideration received by Cyril            
          in connection with the October 31, 1951, agreement.  The estate             
          bears the burden of proving error in respondent’s determination.            
          See Rule 142(a); Estate of Shafer v. Commissioner, 80 T.C. 1145,            
          1159 (1983), affd. 749 F.2d 1216 (6th Cir. 1984).  In order to              
          meet this burden, the estate must show that Cyril received                  
          adequate and full consideration under the 1951 Agreement.                   
               Respondent assigns a value of $244,000 to Cyril’s entire               
          stock interest, of which $123,000 is allocated to the remainder             
          interest transferred by Cyril.  The estate assigns a value of               
          $83,600 to Cyril’s entire stock interest, of which $42,000 is               
          allocated to the remainder interest transferred by Cyril.                   
               As previously discussed, the estate’s valuations contained             
          errors under both a hypothetical standard and an actual standard,           
          and the values it assigns to the respective interests are                   
          entitled to little weight.  In addition to the problems we                  
          identified in its control value analysis, the estate’s valuations           
          are questionable in its application of discounts to the JM and              
          Specialty stocks.  On the basis of the evidence presented by the            
          estate, we find that it has not met its burden of proof.  Our               
          analysis of the evidence in the record leads us to conclude that            





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