- 31 - supporting a valuation of Exxon’s claim that is below the amount previously allowed as a deduction in the notice of deficiency. Nevertheless, respondent does not seek to reduce the amount of the estate’s section 2053(a)(3) deduction for Exxon’s claim below the $681,840 allowed in the notice of deficiency. On the other hand, the estate failed to produce evidence of the value of Exxon’s claim in accordance with the instructions provided by the Court of Appeals for the Fifth Circuit, instead arguing that it is not required to follow those instructions. Consequently, the estate has failed to establish that it is entitled to a deduction in excess of the amount allowed in the notice of deficiency.15 Accordingly, we hold that the estate’s section 2053(a)(3) deduction is limited to $681,840. Decision will be entered under Rule 155. 15This Court has previously noted that, where the burden of proof rests with the taxpayer, the failure to present sufficient evidence establishing fair market value generally results in the taxpayer’s failure to carry his burden of proof and allows holding for the Commissioner even if the valuation of the Commissioner’s expert is ultimately rejected. See Anselmo v. Commissioner, 80 T.C. 872, 884-886 (1983), affd. 757 F.2d 1208 (11th Cir. 1985); Leibowitz v. Commissioner, T.C. Memo. 1997-243.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Last modified: May 25, 2011