- 40 - 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 thePage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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