Estate of Morton B. Harper, Deceased, Michael A. Harper, Executor - Page 51




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          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.                                       





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