Estate of Pearl I. Amlie, Deceased, Rodney B. Amlie, Executor - Page 55

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          supra.  Considering the unsatisfactory record before us, we                 
          conclude that the estate has shown entitlement to a fractional              
          interest discount no greater than that which would reduce the               
          values of Parcels 2 and 3 to the amounts reported on the return.            
          The evidence of fractional interest discounts supplied by Mr.               
          Reyman is too fraught with infirmities to constitute cogent proof           
          that the reported values are erroneous.  See Estate of Pillsbury            
          v. Commissioner, supra.  We accordingly conclude on this record             
          that the values of Parcels 2 and 3 are subject to fractional                
          interest discounts of approximately 15 percent, which reduces               
          those values to the amounts reported on the return.  We so hold.            
          IV. $30,000 Gift                                                            
               As part of the negotiations that produced the 1995 FSA, it             
          was agreed that the conservator would reimburse various Amlie               
          family members for a portion of the legal expenses each incurred            
          in connection with the proceedings concerning approval of the               
          1994 Agreement.  As ordered by the district court approving the             
          1995 FSA, the conservator paid $30,000 to Rod to effectuate the             
          terms of the 1995 FSA.  Respondent determined that the                      
          conservator's payment was a gift made by decedent prior to her              
          death.34  The estate disagrees, contending that the payment was             

               34 The conservator was also required to pay $500 each to               
          Rosemary Ahlerich and Susan Wendel in partial reimbursement for             
          legal expenses they incurred in connection with the proceedings             
          for approval of the 1994 Agreement.  Respondent, considering                
                                                             (continued...)           





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