Estate of Lynn M. Rodgers, deceased, First National Bank of Commerce, Executor - Page 35




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          Guice does not set forth a reasoned analysis in rebuttal to the             
          analysis of Mr. Egan.  Instead, in his rebuttal report, Mr.                 
          Guice's criticism of the aggregate fair market value of the                 
          remaining unimproved real properties that Mr. Egan determined               
          appears to be grounded in Mr. Guice's conclusion that the value             
          arrived at by Mr. Egan simply was too low, especially when                  
          considered in relation to the aggregate value of the remaining              
          unimproved real properties that Mr. Egan had determined in his              
          valuation analysis before he applied an absorption discount and             
          before the parties agreed to stipulate to the aggregate value of            
          those properties without applying such a discount.11                        
               On the instant record, Mr. Guice has failed to persuade us             
          that no absorption discount should be applied to any of the                 
          remaining unimproved real properties.  We did not find Mr.                  
          Guice's opinion as to the aggregate fair market value of those              
          properties to be reliable, and we shall not rely on it in making            
          that determination.                                                         
               According to Mr. Egan, in attempting to value multiple real            
          properties, it is necessary to determine the length of time that            
          it would take to sell such properties and, depending on market              


               11Upon questioning by the Court, Mr. Egan indicated that he            
          would use the methodology described in his expert report regard-            
          less whether or not the parties had agreed to an aggregate value            
          of the remaining unimproved real properties that was higher or              
          lower than the value to which they ultimately stipulated.                   





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