Gerald D. and Catherine Leibowitz - Page 40

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               defeat for one or the other, rather than a middle-of-                  
               the-road compromise which we suspect each of the                       
               parties expects the Court to reach. * * *                              
          The record in this case would not allow the Court to accept one             
          or the other of the parties' valuations outright because each was           
          so grossly contrary to the evidence.  Buffalo Tool & Die                    
          Manufacturing Co. v. Commissioner, supra; see also Estate of                
          Halas v. Commissioner, 94 T.C. 570, 577-578 (1990).                         
               We note that if petitioners had not met the burden of                  
          producing sufficient evidence to support an independent valuation           
          over respondent’s valuation, we would have had to hold for                  
          respondent even if we had rejected the valuation of respondent’s            
          expert.  In Anselmo v. Commissioner, 80 T.C. at 884-885, we                 
          rejected the valuations of both parties' experts, but upheld the            
          Commissioner’s determination of value used in the notice of                 
          deficiency.  In Anselmo, the testimony of the taxpayer’s experts            
          showed there was no reliable way of working back from the figures           
          they computed because they had relied upon the retail store                 
          market and not the wholesale market.  In that case, we held that            
          the wholesale market was the relevant market for low-quality,               
          unset gemstones.  The ultimate consumers of those unset gemstones           
          were jewelers who would in turn mount them into settings to sell            
          to retail customers, who were the ultimate consumers of low-                
          quality, set gemstones.  Id.                                                
               We need not rely upon the burden of proof to value most of             
          petitioner's collection.  Everett, petitioners' expert, used the            




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