- 15 - partnerships at the time of her death was $476,666 or $238,333 for each partnership. On Schedule F, Other Miscellaneous Property Not Reportable Under Any Other Schedule, of the estate tax return, the estate reported the following miscellaneous property: (1) RMA FLP, 45 percent interest, value at date of death $242,750; (2) DAS FLP, 33.3-percent interest, value at date of death $238,333; and (3) DAC FLP, 33.3-percent interest, value at date of death $238,333. In the notice of deficiency, respondent determined that 70 percent of the fair market value of the assets in the RMA FLP20 and 100 percent of the fair market value of the assets held in the DAC and DAS FLPs were includable in decedent’s taxable estate. OPINION A. Burden of Proof Generally, the burden of proof is on the petitioner. See Rule 142(a). However, in certain circumstances the burden of proof shifts to the Commissioner.21 For example, a new matter or theory raised by the Commissioner can cause the burden to shift 20On brief, respondent explains: In determining the includible value, the examiner erroneously treated Richard’s [Abraham] relinquishment of his right to share in Mrs. Abraham’s estate as consideration for purposes of I.R.C. � 2043, and subtracted it from the $830,000 date of death net asset value of the partnership. 21Neither party argued the applicability of sec. 7491.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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