Estate of Ellie B. Williams, Deceased, Robert M. Driggers, Sr., Personal Representative, et al. - Page 32

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          contention of value where the Commissioner introduced no evidence           
          to rebut the taxpayer's expert's testimony).                                
               Respondent argues that Wiggins was not qualified to value              
          real property because he is a business appraiser and not a real             
          estate appraiser.  Respondent contends that Wiggins provided no             
          factual basis for his conclusions that a 20-percent discount for            
          lack of marketability should apply.  Respondent points out that             
          Wiggins included in his report as evidence of the appropriate               
          amount for marketability discounts a discussion of the                      
          illiquidity of privately held companies and discounts relating to           
          sales of their stock.  Respondent argues that we should give no             
          weight to Wiggins' opinion because he did not consider the                  
          marketability of real property.  Respondent argues that Wiggins'            
          use of a 30-percent discount for lack of control for the cost of            
          partitioning the properties was not supported by any verifiable             
          data in his reports and far exceeds Scruby's estimated costs of             
          partition.                                                                  
               We disagree that we should disregard Wiggins' report because           
          he is not a real estate appraiser.  Wiggins is an experienced               
          business appraiser who has given expert opinions in valuing                 
          fractional interests in partnerships, businesses, and real                  
          property.  We believe that he correctly considered various                  









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