Martin H. Droz - Page 13

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          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.                           





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