Walter L. Gross, Jr., and Barbara H. Gross - Page 9




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          III.  Arguments of the Parties                                               
               A.  Reliance on Expert Testimony                                        
               Both parties rely on expert testimony to establish the value            
          of a G&J share.  Petitioners rely on the expert testimony of                 
          David O. McCoy, a business appraiser, who prepared a report                  
          valuing the common shares of G&J.  Mr. McCoy was accepted as an              
          expert appraisal witness by the Court, and his report was                    
          accepted into evidence as his direct testimony.  Mr. McCoy also              
          prepared a report in rebuttal to respondent’s expert witness,                
          which report was accepted into evidence as additional direct                 
          testimony.  Petitioners also called Charles A. Wilhoite, an                  
          appraiser and valuation expert, who prepared a second report in              
          rebuttal to respondent’s expert witness.  Mr. Wilhoite was                   
          accepted as an expert on appraisal and valuation methodology by              
          the Court, and his report was accepted into evidence as his                  
          direct testimony.  Respondent called Mukesh Bajaj, Ph.D., an                 
          appraisal expert, who prepared two reports, one valuing minority             
          interests in G&J as of the gift date, and one in rebuttal to                 
          Mr. McCoy’s first report.  Dr. Bajaj was accepted as an expert               
          appraisal witness by the Court, and his reports were accepted                
          into evidence as his direct testimony.                                       
               The principal disagreements among the parties’ expert                   
          witnesses are: (1) whether it is appropriate to “tax affect”                 
          G&J’s earnings in determining the value of a G&J share, (2) the              





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