- 10 - H. Conf. Rept. 105-599, supra at 240-241, 1998-3 C.B. at 994-995. In the context of the valuation issue presented in these cases, the question of who has the burden or proof is irrelevant. The parties have stipulated the operative facts and documents. Quantitatively, the parties’ stipulation is the source of the vast majority of the facts predicated in our opinion. In addition to the parties’ stipulation, during the trial, each party offered four items of documentary evidence, seven of which were received into the record of these cases. Finally, only one fact witness, coexecutor William J. Deputy, was called to testify. Most of the transcript consists of the cross- examination of the parties’ tendered experts’ opinion testimony on the question of value. The parties were required to file simultaneous posttrial briefs. The estate’s reply brief, filed in response to respondent’s opening brief, contained no objections to respondent’s extensive proposed findings of fact. Likewise, respondent’s reply to the estate’s opening brief contained only limited objections to the estate’s proposed findings. In great part, the parties’ posttrial briefing focused on the experts’ opinions and their “spin” on the essentially agreed facts. In these circumstances, the question of which party has or had the burden of proof has become wholly academic. In the context of these cases, there is no need to analyze or decidePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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