- 24 - On August 24, 2001, a notice of deficiency was sent to the estate. The notice increased the value of decedent’s interest in LKHP. The notice determined decedent’s 99.95-percent interest in LKHP to be valued at $4,526,740 based upon the undiscounted values of the LKHP properties. The notice determined a deficiency in the estate tax of $1,269,498. The increased values, as determined in the notice, were not supported by independent appraisals because LKHP was not recognized as a valid partnership entity. Value of the LKHP Properties as Agreed by the Parties The parties have stipulated the undiscounted values of decedent’s interest in the seven LKHP properties as follows: Property Value West Collins $1,285,000 Enterprise 1,093,787 North Main 975,000 University property 1,074,131 Manzanita 2,261 Crescent Bay 265,176 Railroad 115,711 Total $4,811,066 OPINION Burden of Proof Generally, under section 7491(a), in any court proceeding, if a taxpayer introduces credible evidence with respect to any factual issue, the burden of proof is shifted to respondent. The burden shifts, however, only when the taxpayer has maintained all records and has cooperated with reasonable requests by respondentPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011