to a hypothetical knowledgeable buyer, which should be factored into the discount, include (1) that the family had experienced prior disagreement which precipitated the creation of the trust; and (2) that one family member had been allowed to independently manage the 16 parcels and that his management was poor. The Tax Court stated that these circumstances, that would have been perceived by a willing buyer, indicate that the remaining family members would be resistant to and make it difficult for an outside buyer. If these facts were available to a knowledgeable buyer, it is obvious th ing ownership of apartments “was not a sufficient basis for issuance of the notice [of deficiency], in light of the opportunity for further, and much needed, investigation”); Nicholson, 60 F.3d at 1029 (<HOLDING>). The IRS cannot merely rely on an expert’s
holding that irs could have discovered that its position was not justified had it adequately investigated the case before issuing the notice of deficiency holding that former sec 272f does not require that the commissioner wait until the period for filing a petition as to a deficiency notice expires before issuing another deficiency notice as to the same taxable year holding that a second deficiency notice issued for a taxable year was valid where it determined a deficiency in a different type of tax than did the earlier deficiency notice holding that a notice of tax deficiency sent to a taxpayer by the irs need not be signed in order to be valid holding that where notice of deficiency fails adequately to describe the basis on which the commissioner relies for his deficiency determination burden shifts to the commissioner to prove the accuracy of the deficiency determination