Estate of Dora Halder - Page 4

                                        - 4 -                                         
          442, supplementing 110 T.C. 172 (1998); Stoody v. Commissioner,             
          67 T.C. 643, 644 (1977), supplementing 66 T.C. 710 (1976).                  
               The estate contends that the factual record in the                     
          Memorandum Opinion is incomplete in its essential elements.                 
          Essentially, the estate disagrees with the Court’s conclusions              
          about the facts of this case.  In our Memorandum Opinion, we                
          considered and addressed the estate’s arguments, the testimony of           
          all of the witnesses, and all of the documentary evidence.  The             
          estate has not demonstrated any manifest error of fact.                     
               Furthermore, on the basis of the record, the estate’s                  
          version of the “facts” misconstrues the facts of this case,                 
          ignores certain facts, or takes them out of their context by                
          isolating events and looking at them in a vacuum.  For example,             
          the estate claims that shortly after respondent offered, via                
          telephone, to settle the case by assigning a fair market value of           
          $1,124,410 to the limited partnership interest in issue,                    
          respondent faxed a new “offer” for almost $125,000 less even                
          though the Appeals officer stated in the phone conversation with            
          the estate’s accountant that the fax would contain the Appeals              
          officer’s calculations regarding how he arrived at a fair market            
          value of $1,124,410.  The estate’s contention that the estate’s             
          representatives believed the $1,000,000 figure contained in the             
          January 14, 2002, fax was an offer from respondent is contrary to           
          the facts of this case.                                                     






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011