- 13 - that the estate is misreading the stipulation. We cannot think of any other reason why the estate would be prejudiced. The 50- percent test under section 2057(b)(1)(C) is an arithmetical calculation based on the definitions of adjusted value and adjusted gross estate in section 2057(c) and (d). The values used to compute the adjusted gross estate and the adjusted value are no longer in dispute. Respondent has not caused the estate to “face a belated confrontation which precludes or limits that party’s opportunity to present pertinent evidence”. Ware v. Commissioner, 92 T.C. 1267, 1268 (1989), affd. 906 F.2d 62 (2d Cir. 1990). All of the evidence needed to apply the legal standard is already in the record. Neither party has suggested that the record contains insufficient facts to permit us to dispose of the case on the grounds of respondent’s argument. See Smalley v. Commissioner, 116 T.C. 450, 457 (2001). The estate is not arguing that any information needed to determine the values in section 2057(c) and (d) is missing or that respondent’s calculations are incorrect. Further, the estate has no reason to be surprised by respondent’s argument. Respondent’s argument does not raise a new issue but appeals to the correct application of the law, based upon the record presented and in support of a claim of which the estate was well aware. See Zapara v. Commissioner, 126 T.C. 215, 219 (2006). It is based on the correct application ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011