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Using this value, respondent’s counsel estimated the revised
adjustment to decedent’s gross estate could be as high as $160
million.
OPINION
A Federal estate tax is imposed “on the transfer of the
taxable estate of every decedent who is a citizen or resident of
the United States.” Sec. 2001(a). The estate tax is imposed on
the value of the taxable estate with specified adjustments made.
Sec. 2001(b). A decedent’s taxable estate is determined by the
value of the decedent’s gross estate less enumerated deductions.
Sec. 2051. The value of a gross estate includes all of a
decedent’s property to the extent provided under sections 2033
through 2045. Sec. 2033. At issue here is whether certain
property decedent transferred during his lifetime is included in
his gross estate under sections 2035(a) and 2036(a) and (b).
I. Burden of Proof
The estate argues that under section 7491(a) the burden of
proof has shifted to respondent. Conversely, respondent contends
the burden has not shifted because the estate was not cooperative
within the meaning of section 7491(a), and because the estate
failed to introduce credible evidence necessary for the burden to
shift. It is unnecessary for us to address the parties’
disagreements and to determine whether the burden of proof has
shifted because the outcome of this case is determined on the
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