- 184 - calculating the overall estate tax or gift tax liability. We believe that petitioners’ argument oversimplifies the issue; we do not agree that petitioners would be entitled to an offset for estate tax or gift tax purposes for the reasons set forth below. First, petitioners reported on the 1993 and 1994 gift tax returns and on the estate tax return that the fair market value of every subject interest was the book value, as determined under each company’s buy-sell agreement, at which the subject interest was sold. See supra pp. 51-55. Reported values are considered to be an admission by petitioners, so that lower values cannot be substituted without cogent proof that the reported values were erroneous. See, e.g., Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989). Here, petitioners did not provide evidence of value contrary to book value with regard to transferred interests in True Geothermal Energy, True Mining, and True Environmental Remediating LLC as of January 1, 1993, and Clareton Oil, Donkey Creek Oil, Pumpkin Buttes Oil, Sunlight Oil, and Wind River Oil as of June 4 and June 30, 1994. Therefore, the record does not contain sufficient evidence to determine the aggregate fair market value of all the transferred interests. Second, with respect to the gift tax, we have found no authority that would allow petitioners to offset sales of some companies for allegedly excess consideration (i.e., buy-sell formula price exceeded fair market value) against unrelated salesPage: Previous 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Next
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