Gerald D. and Catherine Leibowitz - Page 38

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               Everett chose the correct market in which to value the                 
          collection.  However, for other reasons discussed below, we also            
          reject his valuation.  Warren conceded in testimony that                    
          Everett's valuation was accurate for the New York retail store              
          market in 1985 because retail store prices were markedly higher             
          than those found at conventions.  However, our analysis of the              
          record indicates that Everett’s valuation is too high.                      
               There are two major problems with Everett's valuation.                 
          First, Everett’s use of flawed methodology in determining base              
          prices inflated the entire valuation.  In determining a base                
          price for each category of item, Everett used an “average price”            
          for that category.  As respondent correctly points out on brief,            
          this meant that Everett assumed that each item in the collection            
          was worth at least the average value in the marketplace of all              
          such items for sale.  Even when taking into account the mint                
          condition of the collection, this approach improperly inflates              
          the valuation.  As our analysis infra shows, Everett's assigned             
          values for 106 one-sheet posters were 1.76 times greater than               
          prices shown in catalogs and price guides in evidence for those             
          same items.12  Everett should have used a base price for items in           


               12 See also Table 2, which is a comparison of Everett’s and            
          Warren’s valuations of 106 one-sheets for which the record also             
          contained prices from independent pricing guides, and supra note            
          8, and infra notes 15-17 and accompanying text, which explain the           
          methodology used in Table 2.  Everett’s valuation was $4,760,               
          1.76 times greater than the total prices of $2,697 for the same             
          one-sheets found in other pricing guides.                                   




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