Estate of Josephine T. Thompson, Deceased, Carl T. Holst-Knudsen and the Bank of New York, Executors - Page 25

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          374 (2003); Estate of Newhouse v. Commissioner, 94 T.C. 193, 217            
          (1990).6                                                                    
               In this case, the estate’s experts impress us as too                   
          inexperienced, accommodating, and biased in favor of the estate.            
               Respondent’s expert appears to have selected his comparable            
          companies in a casual manner, based only on broad industry                  
          classification factors.  He made significant errors in his                  
          calculations and analysis, and he made questionable and                     
          inadequately explained adjustments in his discounted cashflow               
          valuation method.                                                           

          The Estate’s Valuation                                                      
               As stated, in their original and revised valuation reports             
          the estate’s experts from Alaska calculated a total date-of-death           
          value of $1,749,709 ($3.59 per share) for the estate’s 20-percent           
          common stock interest in TPC.  In arriving at this number, the              
          estate’s experts concluded that no companies existed that were              

               6  Under sec. 7491, where a taxpayer produces credible                 
          evidence and otherwise satisfies the requirements of sec.                   
          7491(a)(2), the burden of proof with respect to a factual issue             
          relevant to ascertaining the taxpayer’s tax liability (such as              
          the fair market value of property) may shift from the taxpayer to           
          respondent.  Herein, in preparation for trial, the parties                  
          stipulated that the estate satisfied the requirements set forth             
          in sec. 7491(a)(2).  At trial, we determined that for purposes of           
          sec. 7491(a)(1), the evidence produced by the estate as to the              
          valuation of the TPC stock was to be treated as credible                    
          evidence.  Therefore, respondent has the burden of proof with               
          regard to the valuation of the estate’s 20-percent stock interest           
          in TPC.                                                                     





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