Estate of Frazier Jelke III, Deceased, Wachovia Bank, N.A., f.k.a. First Union National Bank, Personal Representative - Page 10

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          experts on their opinions on the question of value.  In that                
          regard, we note that the parties’ experts’ reports constitute               
          opinion testimony, and such testimony is not fact for purposes of           
          our ultimate findings.  Accordingly, there exists no dispute                
          about the underlying facts, and, ultimately, we are asked to                
          decide the amount of reduction for built-in capital gain tax                
          liability and the discounts for lack of marketability and                   
          control.  In the setting of this case, those questions will be              
          resolved on the basis of essentially agreed facts along with any            
          assistance we may find helpful in the parties’ experts’ opinions,           
          not on the basis of which party bears the burden of proof.                  
               In such circumstances the question of who has the burden of            
          proof or who should go forward with the evidence is irrelevant.             
          See, e.g., Estate of Hillgren v. Commissioner, T.C. Memo. 2004-             
          46; Estate of Green v. Commissioner, T.C. Memo. 2003-348; Estate            
          of Deputy v. Commissioner, supra.  Therefore, there is no need to           
          decide whether the estate met the “credible evidence”                       
          requirement.                                                                
          B.  CCC’s Value on March 4, 1999                                            
               The controversy presented for our decision concerns the                
          value of a 6.44-percent interest in CCC, a corporation closely              
          held by the Jelke family.  For estate tax purposes, property                
          includable in decedent’s gross estate is generally valued as of             
          the date of death.  See sec. 2001.  The fair market value is                






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