- 13 - on its face, is both ambiguous and suspect. We do not even know whether the Mark IV helmet that was the subject of the Hetz report is in fact the Mark IV helmet at issue here. Nor can we determine solely on the basis of the document in the record that purports to be Mr. Hetz' resume whether Mr. Hetz was qualified to prepare the report that was attached to petitioner's 1991 return. In this connection, since petitioner did not offer Mr. Hetz as a witness at trial, respondent did not have the opportunity to voir dire Mr. Hetz on his qualifications as an expert or to examine him on the Hetz report, nor did the Court have the opportunity to question him about his qualifications as an expert in valuing the Mark IV helmet at issue or about the Hetz report. It is also significant that the Hetz report does not set forth in detail the reasons for its recommendation that a "Rounded Estimate [sic] Fair Market Value" for the Mark IV helmet that was the subject of the report be $76,700. For example, the Hetz report offers no explanation as to why the cost approach on which the report purports to rely is the most appropriate method to use in deter- mining the fair market value of the Mark IV helmet that was the subject of that report. By way of further illustration, although the Hetz report acknowledged that various factors, including the "Sale of [a] similar Helmet", were to be taken into account, apparently that factor was not considered, and the Hetz report provides no explanation as to why it was ignored.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011