Estate of Pearl I. Amlie, Deceased, Rodney B. Amlie, Executor - Page 24

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          an interview with Rod, as the executor of decedent's estate, and            
          this request was denied.  While Agent Puntenney's notes do not              
          record such a request, he gave credible testimony that he made              
          the request of Rod's advisers (Messrs. Stille and/or Jennett),              
          which is plausible in the circumstances.  The estate's response             
          on this point was equivocal.  That is, Rod testified that he was            
          not aware of any request that he be interviewed, but when Mr.               
          Stille was immediately thereafter called as a witness by the                
          estate's counsel, he was not questioned regarding whether a                 
          request for an interview with Rod had been made to him.  Cf.                
          Clifton v. United States, 45 U.S. 242, 247 (1846); Steiner v.               
          Commissioner, 350 F.2d 217, 223 (7th Cir. 1965) (adverse                    
          inferences may properly be drawn from taxpayer's failure to call            
          witnesses who would otherwise be expected to be favorable to                
          him), affg. T.C. Memo. 1963-128.  On this record, we are                    
          persuaded that Agent Puntenney requested an interview with Rod              
          that was not satisfied.  Accordingly, the estate has not                    
          satisfied the requirements of section 7491(a)(2)(B), and the                
          burden of proof does not shift pursuant to section 7491(a)(1).              
          The estate therefore retains the burden of proof with respect to            
          all factual issues in this case.  Rule 142(a).                              
          II. Fair Market Value of Decedent's FABG Stock                              
               On the estate's Form 706, decedent's FABG stock was valued             
          at $993,757 based on the 1995 FSA price term, which the estate              






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