Garwood Irrigation Company - Page 21

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          on the valuation date.  Respondent’s departure from his position            
          in the notice of deficiency prompted petitioner to file a motion            
          to shift the burden of proof.  As stated above, our decision does           
          not rely on the burden of proof, and petitioner’s motion was                
          denied as moot.                                                             
          III.  Cogent Proof That Petitioner’s Return Was Incorrect                   
               Positions taken by a taxpayer in a tax return are treated as           
          admissions and cannot be overcome without cogent proof that they            
          are erroneous.  Mendes v. Commissioner, 121 T.C. 308, 312 (2003);           
          Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989).  On            
          its 1999 return, petitioner reported a value of $29,397,000 for             
          its water right.  In its petition, petitioner contends that the             
          fair market value of its water right is $10.7 million.  In order            
          to prevail in showing that the value of the water right is less             
          than that reported on its return, petitioner must present cogent            
          evidence that its reported values were wrong.  Estate of Hall v.            
          Commissioner, supra at 338.                                                 
          IV. Valuation                                                               
               The central dispute between the parties in this case focuses           
          on the foreseeability of events that occurred after the valuation           
          date.  Events subsequent to the date of valuation are not                   
          generally considered in determining an asset’s fair market value,           
          except to the extent that they were reasonably foreseeable as of            
          the date of valuation.  Estate of Jung v. Commissioner, 101 T.C.            






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