Estate of Algerine Allen Smith - Page 31




                                       - 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