Gerald D. and Catherine Leibowitz - Page 31

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               Everett also considered the desirability of the 659 titles             
          in the collection, which he characterized as “middle of the road”           
          rather than “high end”.  He reported that prices for titles such            
          as those in the collection appreciated rapidly during the 1970's            
          and early 1980's and, in most cases, have not appreciated greatly           
          since then.10  In making his valuation, Everett also took into              
          account the overall mint condition of the United Artists movie              
          memorabilia in the collection.  Everett took into account the               
          development of the market throughout the mid-1980's up through              
          1987 because he believed that it was developing slowly throughout           
          that period.  He took into account in his report events that                
          occurred both prior to and shortly after the donation when he               
          valued the collection.11                                                    

               9(...continued)                                                        
          meant to characterize the “average value” as a base price for               
          items in the collection in a particular category.                           
               10 Warren, respondent's expert, asserted that prices for               
          movie memorabilia rapidly went up in all categories during the              
          period 1986 to 1995, sometimes as much as 50 times or more.  A              
          comparison of prices in the 1985 price guides, see supra note 8,            
          to the prices listed in the 1994 price guides that were also in             
          evidence shows that the 106 items in the reference sample                   
          appreciated somewhere between 0 and 100 percent between 1985 and            
          1994.                                                                       
               11 Normally, post-donation market events that are not                  
          foreseeable must be disregarded.  However, prospective events may           
          be referenced for the limited purpose of establishing what the              
          willing buyer’s and seller's expectations were on the valuation             
          date and whether those expectations were “reasonable and                    
          intelligent”.  Estate of Gilford v. Commissioner, 88 T.C. 38, 52            
          (1987); Estate of Jephson v. Commissioner, 81 T.C. 999 (1983).              
                                                             (continued...)           




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