T.C. Memo. 1997-505 UNITED STATES TAX COURT RICHARD L. BENNETT, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 19775-96. Filed November 10, 1997. P contributed 236 films to a charitable organization. In accord with an appraisal, P placed a $236,000 value on the films. R, in the process of examining P's contributions, had X, an in-house engineer, to value the films. X opined that the films had no (zero) value. R then hired Y, an outside "independent" expert, to value the films. Finally, R had Z, another in-house engineer, to value the films. Z opined that 118 of the 236 films were damaged and were of no value. Z also opined that P had correctly valued at $1,000 per film those of the films that were not damaged. R's notice of deficiency to P was based on Z's valuation. P obtained the valuation reports (reports) of the in-house engineers (X and Z), but Y's report was not provided to P. In the context of pretrial discovery P sought a copy of Y's report. R refused to turn over the report on the grounds that P was seeking to go behind the notice of deficiency, citing Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324 (1974). P did not raise in any pleading or motion the issue of whether the notice of deficiency was arbitrary or capricious. R,Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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