- 7 - closely held corporation that corporation’s value as of decedent’s date of death is key to our holding on valuation. The parties also disagree as to the types and amounts of discounts to be applied to the value found by the Court.3 The evidence consists of a stipulation of facts, along with attached exhibits, and a transcript containing the testimony of one fact witness. In addition, each of the parties has offered an expert’s opinion, ostensibly to assist the Court in its consideration of the facts and conclusion as to the fair market value of the controverted interest. A. The Question of the Burden of Proof In its posttrial brief the estate for the first time interposed section 74914 and argued that the burden of proof should shift to respondent with respect to the remaining valuation question. The following statement is at the heart of the estate’s contention: It is respectfully submitted that the combined testimony of Mr. Deputy and Mr. Dorman[5] plus the Stipulation of Facts and the contents of the associated exhibits is credible evidence within the meaning of 3 The parties have agreed to discounts with respect to the interest in the family limited partnership. 4 All section references are to the Internal Revenue Code in effect as of the date of decedent’s death, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. 5 Mr. Deputy is one of the estate’s coexecutors, and Mr. Dorman is the estate’s expert witness.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011