- 25 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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