- 31 - Accordingly, we believe that, after taking into account the parties’ agreed-upon 20-percent minority discount and respondent’s deemed concessions as to discounts for tax on built- in gains and stock costs, the appropriate combined valuation discount lies somewhere between the 52-percent combined discount suggested by Schwartz’s recommendations and the 41.95-percent combined discount recommended by Smith. We conclude and hold that the appropriate combined valuation discount rate is 50 percent. In doing so, we give due regard to the fact that this is the same combined discount rate reflected on decedent’s estate tax return, cf. Estate of Hall v. Commissioner, 92 T.C. 312, 337- 338 (1989) (stock values reported on an estate tax return were an “admission” that could not be overcome “without cogent proof that the reported values were erroneous”), and to the fact that respondent, in his notice of deficiency, accepted this 50-percent combined discount rate and has not shown that a lower discount rate is appropriate, cf. Rule 142(a) (burden of proof is upon respondent as to any new matter pleaded in the answer). In sum, we conclude and hold that the value of C&L Bailey’s adjusted net assets at decedent’s death was $2,861,903 (the calculations are detailed in Appendix A). Employing the adjusted net asset valuation method that the parties agree is appropriate in this case, and applying a 50-percent combined valuation discount, we conclude and hold that the date-of-death value ofPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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