Estate of Michel Dunia, Deceased, Renee Hawley and Michel Dunia, Jr., Executors and Trustees - Page 8

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          Victorville property, slightly more than half of the $16.3                  
          million valuation stated in the statutory notice of deficiency.             
          The estate did not raise the issue of the shifting of the burden            
          at trial or on brief.  However, it is unnecessary for us to                 
          consider the issue.  Our decision rests on the preponderance of             
          the evidence, and is unaffected by the burden of proof.                     
          I.   Admissibility of Mr. Dicker’s Testimony as to Value                    
               At trial, the estate sought to have Mr. Dicker testify as to           
          his opinion of the value of the Victorville property on the                 
          valuation date.  Respondent objected to the admissibility of this           
          testimony because Mr. Dicker had not submitted an expert report,            
          and so was not qualified as an expert under Rule 143(f).  The               
          estate argues that Mr. Dicker, as general partner of Bear Valley            
          Partners, is an owner of the Victorville property, and is                   
          qualified to testify as an expert as to value under rule 702 of             
          the Federal Rules of Evidence.2                                             


               2Fed. R. Evid. 702 provides:                                           
               Rule 702.  Testimony By Experts                                        
                    If scientific, technical, or other specialized                    
               knowledge will assist the trier of fact to understand the              
               evidence or to determine a fact in issue, a witness                    
               qualified as an expert by knowledge, skill, experience,                
               training, or education, may testify thereto in the form of             
               an opinion or otherwise, if (1) the testimony is based upon            
               sufficient facts or data, (2) the testimony is the                     
               product of reliable principles and methods, and (3) the                
               witness has applied the principles and methods reliably to             
               the facts of the case.                                                 





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