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