Estate of Eldon L. Auker, Deceased, Kimberlee J. Auker, Independent Personal Representative - Page 48

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        each property's market value.  The same is true with respect to the           
        seven facts ascertained by Dr. Perry on the condition of the real             
        estate market in Genesee County.  The appraisers knew about each of           
        these facts at the time of their appraisals, and we find nothing in           
        the record to persuade us that they did not give each of these facts          
        proper regard in arriving at their values.  Discounting the                   
        appraisers' values to reflect the economic condition in Genesee               
        County on the applicable valuation date, as the estate asks us to do,         
        would be to double count this effect.  See Estate of Gilford v.               
        Commissioner, 88 T.C. 38, 58 n.25 (1987).  We decline to do so.15             
             Nor are we satisfied with the testimony of Mr. Shanker.  To be           
        sure, he is biased.  He works professionally valuing assets for his           
        clients, and we would be advancing his interests as well as the               
        interests of his clients were we to adopt blindly his opinion, which          
        is unsupported by the record, on the presence of an across-the-board          
        20-percent market absorption discount.  We decline to accept the              
        opinion of a man whose only appearance in this case seems to be as a          
        spokesman for the interests of his clients and the estate.                    
        Laureys v. Commissioner, 92 T.C. 101, 129 (1989).  The Court informed         
        the parties at the start of Mr. Shanker's testimony that we had               

               15 The estate also argues that market absorption discounts             
          are warranted because the apartment complexes had a high vacancy            
          rate and the rental rates were not keeping up with inflation.  We           
          reject these arguments for the same reason as above; namely, that           
          the appraisers took these factors into consideration in arriving            
          at their values.                                                            





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