Maude G. Furman, Donor, Deceased, and Estate of Maude G. Furman, Deceased, Robert G. Furman, Executor - Page 23

                                       - 23 -                                         
          affg. in part and revg. in part T.C. Memo. 1986-318.  Expert                
          testimony sometimes aids the Court in determining values and                
          sometimes it does not.  See, e.g., Estate of Halas v.                       
          Commissioner, 94 T.C. 570, 577 (1990); Laureys v. Commissioner,             
          92 T.C. 101, 129 (1989) (expert testimony is not useful when the            
          expert is merely an advocate for the position argued by one of              
          the parties).  We are not bound by the formulas and opinions                
          proffered by an expert witness and will accept or reject expert             
          testimony in the exercise of sound judgment.  Helvering v.                  
          National Grocery Co., supra at 295; Anderson v. Commissioner, 250           
          F.2d at 249; Estate of Newhouse v. Commissioner, 94 T.C. at 217;            
          Estate of Hall v. Commissioner, 92 T.C. at 338.  Where necessary,           
          we may reach a determination of value based on our own                      
          examination of the evidence in the record.  Lukens v.                       
          Commissioner, 945 F.2d 92, 96 (5th Cir. 1991) (citing Silverman             
          v. Commissioner, 538 F.2d 927, 933 (2d Cir. 1976), affg. T.C.               
          Memo. 1974-285); Ames v. Commissioner, T.C. Memo. 1990-87.  Where           
          experts offer divergent estimates of fair market value, we decide           
          what weight to give these estimates by examining the factors they           
          used in arriving at their conclusions.  Casey v. Commissioner, 38           
          T.C. 357, 381 (1962).  We have broad discretion in selecting                
          valuation methods.  Estate of O'Connell v. Commissioner, 640 F.2d           
          249, 251 (9th Cir. 1981), affg. on this issue and revg. in part             
          T.C. Memo. 1978-191, and the weight to be given the facts in                
          reaching our conclusion because “finding market value is, after             
          all, something for judgment, experience, and reason”, Colonial              



Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011