Charles T. Froh v. Commissioner Internal Revenue Service

46 F.3d 1141 75 A.F.T.R.2d 95 -808, 95-1 USTC P 60,189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles T. FROH, Petitioner-Appellant, v. COMMISSIONER INTERNAL REVENUE SERVICE, Respondent-Appellee. No. 93-70561. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Dec. 15, 1994. Decided: Jan. 30, 1995. Before: HUG, CANBY and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 As the parties are familiar with the facts of the case, we do not recite them here. We affirm the decision of the Tax Court. 3 The Tax Court did not clearly err in finding that the income stream that would be generated by the gas wells on Froh's Colusa County property after the expiration of the trusts had zero or de minimis present value at the time of the gift. Testimony from both parties' experts, as well as the model projection that the court considered, supports the court's factual determination. The evidence concerning possible curtailment of gas consumption and the lengthening of…