- 51 - Rockefeller Center Properties, Inc. - 14,375 14,375 Common Note Receivable (Marsh note) 300,000 405,000 NET ASSET VALUE $1,603,134 $1,708,134 As can be seen from the foregoing table, the only difference reflected in the net asset value analyses of the parties’ experts lies in their valuation of the Marsh note.2 This level of agreement is logical in light of the fact that the remaining assets, in addition to cash, consisted of marketable securities and mutual funds. Before proceeding to address the Marsh note specifically, however, we deal with a question that has arisen concerning burden of proof. B. Burden of Proof The estate’s opening brief contains the statement that “the only matter as to which Petitioner bore the burden of proof was the determination of fair market value.” Respondent’s opening brief refers to the estate’s failing to satisfy its burden but also includes the following remark: “Even if respondent had the burden with respect to the valuation of the property, the evidence produced by respondent clearly satisfies any such burden. See Estate of Mitchell v. Commissioner, 250 F.3d 696 2 Although one of the summary tables contained in Mr. Thomson’s report states a value of $69,310 for the Franklin AGE High Income Fund, the $69,130 figure is used elsewhere in the report and is necessary to derive the oft-repeated total of $1,708,134. We conclude that the $69,310 amount should be disregarded as a transcription error.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011