Estate of Ronald G. Keeton, Deceased, Kimberly Keeton Spence, Personal Representative - Page 8

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          The estate concedes that the adjusted value of the combined                 
          interests in NSP and Keeton Corrections does not exceed 50                  
          percent of the adjusted gross estate.                                       
          III.  The Current Dispute Between the Parties                               
               Since the estate concedes that it does not pass the 50-                
          percent test under section 2057(b)(1)(C), it is unnecessary for             
          us to decide whether NSP meets the requirement under section                
          2057(b)(1)(D) for purposes of the 50-percent test in section                
          2057(b)(1)(C).  The estate’s concession obviates any further                
          analysis under the statute because if both corporations combined            
          do not satisfy the 50-percent test of section 2057(b)(1)(C), the            
          estate will not be entitled to the deduction.                               
               The estate has raised two additional procedural arguments              
          that require resolution by this Court.  First, the estate argues            
          that the parties have stipulated that the combined value of                 
          Keeton Industries and NSP satisfies section 2057(b)(1)(C), and              
          that the stipulation is binding on the parties and this Court.              
          Rule 91(e); Stamos v. Commissioner, 87 T.C. 1451, 1454 (1986).              
          In the alternative, the estate argues that we must refuse to                
          consider respondent’s argument that both interests combined could           
          not meet the requirement under section 2057(b)(1)(C) because he             
          prejudiced the estate by not raising it until his opening brief.            









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