Richard L. Bennett - Page 4

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            provided respondent with a report (expert report).  That expert                             
            report is the subject of petitioner's motion to compel.                                     
            Petitioner was not informed of the contents or given a copy of                              
            respondent's independent expert report.                                                     
                  Respondent then had another in-house valuation engineer                               
            (second engineer) to value the films.  The second engineer                                  
            provided an Engineering and Valuation Report (in-house report) on                           
            the donated films.  The second engineer, after physical                                     
            inspection of the films, found that approximately 50 percent of                             
            the films had deteriorated due to oxidation of the celluloid.                               
            According to the second engineer, the cost to return the damaged                            
            films to usable condition would be at least $2,000 per film.                                
            Given petitioner's claimed $1,000-per-film value, the second                                
            engineer concluded that repair of the damaged films would not be                            
            economically feasible and, thus, the damaged films had no value.                            
            The second engineer recommended that respondent disallow the                                
            value that petitioner assigned to the damaged films, and                                    
            therefore that petitioner's claimed $236,000 contribution                                   
            deduction be reduced by 50 percent to $118,000.  The in-house                               
            report also contained the opinion that a $1,000 value was an                                
            acceptable fair market value for the films that were in good                                
            physical condition.  The second engineer's in-house report was                              
            provided to petitioner.                                                                     







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