- 14 - F.2d 1174 (9th Cir. 1986); Estate of Williams v. Commissioner, T.C. Memo. 1998-59; Mooneyham v. Commissioner, T.C. Memo. 1991- 178; Estate of Sels v. Commissioner, T.C. Memo. 1986-501. Fractional interest discounts may be necessary to compensate a willing buyer for the lack of control, lack of marketability, illiquidity, and potential partitioning expenses associated with such interests. See Estate of Pillsbury v. Commissioner, T.C. Memo. 1992-425. Petitioner primarily relies on an appraisal report prepared by Paul E. Talmage (Mr. Talmage) to establish the appropriate blockage and fractional interest discounts. Respondent relies on an appraisal report prepared by Karen Simons (Ms. Simons). We have wide discretion in accepting expert testimony. See Helvering v. National Grocery Co., 304 U.S. 282, 294-295 (1938). We examine the expert’s qualifications and compare his or her testimony with all other credible evidence in the record. We may accept or reject an expert’s opinion in toto, or we may pick and choose the portions of the opinion that we wish to adopt. See id.; Seagate Tech., Inc., & Consol. Subs. v. Commissioner, 102 T.C. 149, 186 (1994); Estate of Newhouse v. Commissioner, 94 T.C. 193, 218 (1990); Parker v. Commissioner, 86 T.C. 547, 562 (1986). Mr. Talmage was recognized by the Court as an expert in real estate appraisal, including blockage and fractional interest discounts. He is a member of the Appraisal Institute and hasPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011