- 39 - Respondent determined in the statutory notices that the value of the gifts was $260.13 per share. This determination is presumed to be correct; petitioners have the burden of proving it to be incorrect. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933); Estate of Jung v. Commissioner, 101 T.C. 412, 423 (1993). Ms. Walker’s and Mr. Schroeder’s reports were generally thoughtful and professional, and their testimony was responsive and helpful. Nevertheless, for the reasons set forth below, we conclude that Ms. Walker’s guideline company approach significantly understated Demco’s value, while Mr. Schroeder’s guideline approach somewhat overstated value and has other flaws that limit its reliability. We also conclude that the experts’ income-based approaches are entitled to little weight, in part because it was very difficult to predict Demco’s future income as of the time of the gifts. As a result, we conclude petitioners have not shown that the value of the gifts was less than the $260.13 per share determined in the statutory notices. To the contrary, the record establishes to our satisfaction that the value lay between the experts’ guideline company values and was at least $260.13 per share.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011