- 20 - performed more than 700 appraisals since he entered the valuation field in 1986, and he is an accredited member of the American Society of Appraisers and the Institute of Business Appraisers. We recognized Mr. Fowler as an expert on business valuation, but we expressed our concern that he might be biased because he was a full-time employee of the Commissioner. Mr. Fowler's initial report ascertained the value of Seminole stock as of December 8, 1993, the date for which the Merrill Lynch report had set forth a value. We did not admit this report into evidence. We held it was irrelevant because the December 8, 1993, valuation date set forth therein was too far removed from the applicable April 14, 1994, valuation date. We did admit into evidence his supplemental report, limiting its admissibility to a rebuttal of Mr. Tack's supplemental report. Mr. Fowler's supplemental report analyzed the marketability discount in the context of the Mandelbaum factors, stating that an analysis of those factors favored a marketability discount of 15 percent. We have wide discretion when it comes to accepting expert testimony. Sometimes, an expert will help us decide a case. See, e.g., Booth v. Commissioner, 108 T.C. 524, 573 (1997); Trans City Life Ins. Co. v. Commissioner, 106 T.C. 274, 302 (1996); see also M.I.C. Ltd. v. Commissioner, T.C. Memo. 1997-96; Proios v. Commissioner, T.C. Memo. 1994-442. Other times, he or she will not. See, e.g., Estate of Scanlan v. Commissioner, T.C. Memo. 1996-331; Mandelbaum v. Commissioner, supra. We weigh an expert's testimony in light of his or her qualifications and withPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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