Fujieki v. Commissioner

MEMORANDUM *

The Estate of Paul Mitchell again appeals the Tax Court’s judgment valuing 1,226 shares, 49.04% of the available shares, of John Paul Mitchell Systems (“JPMS”) at $41,532,600 for estate tax purposes. We remanded this case once before with instructions to conduct a proper valuation assigning the burden of proof to the Commissioner. Estate of Mitchell v. Comm’r, 250 F.3d 696, 704-05 (9th Cir. 2001). Because the Tax Court complied with our instructions upon remand, we affirm its decision.

The Tax Court properly placed the burden of proving by a preponderance of the evidence the…