Estate of H.A. True, Jr. - Page 99




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          roughly equal “Return Value/Book Value[s]”, but have continued to           
          litigate the values of the subject interests in other companies,            
          proposing combined discounts exceeding 40 percent in most cases.            
          Petitioners also presented rebuttal reports and expert testimony            
          addressing Mr. Gustavson’s criticisms of the Kimball and Lax                
          reports.  Finally, petitioners devoted large portions of their              
          reply brief to rebutting respondent’s posttrial valuation                   
          positions.  All this indicates that petitioners continued to                
          marshal their evidence and arguments to support valuation                   
          discounts greater than those reflected in the “Current IRS                  
          Value[s]” figures.  Petitioners have not persuaded us that they             
          would have presented their case any differently if respondent had           
          made no statements regarding “Current IRS Value[s]”.                        
          Accordingly, we find that respondent’s disavowal or clarification           
          of his pretrial statements of “Current IRS Value[s]” did not                
          prejudice petitioners’ ability to present valuation evidence.               
              B.  Role of Burdens and Presumptions in Cases at Hand                   
              Petitioners have also argued that if respondent is allowed              
          to revert to the adjustments reflected in the deficiency notices,           
          respondent should have the burden of proof on any adjustment that           
          increased the value of a transferred interest to more than the              
          “Current IRS Value”.  Moreover, petitioners contend that                    
          respondent did not sustain such burden, because he did not offer            
          any expert testimony regarding the value of the subject                     
          interests.  We disagree.                                                    





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