- 34 - assets less the $64,150,375 value of the other Transferred Assets that are not in dispute herein. We do not believe that the record supports such a valuation. Once again, we are not persuaded that a hypothetical seller would sell the subject assets at this price. Nor are we persuaded by the valuation conclusions of Weinberg. We observe that Weinberg is knowledgeable about the beer industry. The fact that Weinberg is knowledgeable about this industry, however, does not compel us to credit his testimony on the Transferred Assets' fair market value for Federal income tax purposes. At trial, we informed respondent's counsel that we considered Weinberg to be knowledgeable on the beer industry, but that we had serious doubts as to his ability to render a persuasive opinion on the fair market value of the subject assets. We continue to harbor such doubts after thoroughly considering Weinberg's testimony with the benefit of the record as a whole. First, Weinberg's expertise centers on advising clients in the brewing industry on new opportunities, and we do not find that he has expertise in valuing assets for Federal income tax purposes. The thrust of Weinberg's expertise centers on marketing, economics, and the like, rather than on the ascertainment of fair market value for Federal income tax purposes. We also note that Weinberg had never previously testified as an expert on the appraisal or valuation of breweries or brewing companies.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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