- 21 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011