Estate of H.A. True, Jr. - Page 103




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          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 sales           







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