Estate of H.A. True, Jr. - Page 101




                                       - 182 -                                        
              The peculiar circumstances of the cases at hand warrant our             
          inquiries into, and ultimate findings of, intermediate values for           
          the True companies that exceed tax book values but are less than            
          the values determined by respondent in the notices.  As discussed           
          at length under issue 1 of this opinion, petitioners’ buy-sell              
          agreements requiring sales of interests in the True companies at            
          tax book value virtually assured unrealistically low entity                 
          values for certain companies.  This was due to the use of (1)               
          accelerated depreciation methods by capital intensive companies             
          and (2) enhanced write-offs of substantial asset costs and                  
          capital expenditures of the ranching and oil and gas companies.             
          Thus, the method of accounting used to derive tax book values               
          provided a basis for our holding that the buy-sell agreements               
          were testamentary devices and for our hypothesis--without regard            
          to the presumption of correctness or the burden of proof in                 
          sustaining or overturning the determinations in the notices--that           
          petitioners’ values did not accurately represent fair market                
          value and that higher values would be appropriate.                          
              Accordingly, we have not relied on the presumption of                   
          correctness or the burden of proof to decide the cases at hand.             
          We have based our findings of value on our own examination of               
          evidence in the record, including expert reports, published                 
          studies, witness testimony, exhibits, and joint stipulations of             
          fact.  See infra pp. 186-287; see also Burns v. Commissioner, 36            







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