- 13 - Value of JPMS at the moment immediately prior to Mr. Mitchell’s death $150,000,000 Less: Discount to reflect the loss of Mr. Mitchell to JPMS (15,000,000) Value of JPMS at the moment of Mr. Mitchell’s death 135,000,000 Percent of trust’s interest in JPMS x 49.04 Value of trust’s interest in JPMS before discounts 66,204,000 Discount for lack of marketability and minority interest (35%) (23,171,400) 43,032,600 Discount for possibility of lawsuit (1,500,000) Value of trust’s interest in JPMS after discounts 41,532,600 On appeal, the Court of Appeals for the Ninth Circuit vacated our decision and remanded the case for findings to explain our valuation. More specifically, the Court of Appeals stated that it is unclear whether a 35-percent combined discount for lack of control and lack of marketability falls within a range that is supported in the record. Additionally, the Court of Appeals directed us to shift the burden of proof to respondent. Pursuant to the mandate of the Court of Appeals, we shift the burden of proof to respondent. Consequently, respondent has the burden of proving by a preponderance of the evidence the existence and the amount of the deficiency. Cohen v. Commissioner, 266 F.2d 5, 11 (9th Cir. 1959), remanding T.C. Memo. 1957-172. The deficiency in this case is attributable to the valuation of 1,226 shares of JPMS common stock at the moment of decedent’s death. On its estate tax return, the estate valued the shares atPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011