Estate of Charles a. Boratello, Deceased, C. Norman Borgatello and Josephine E. Donnelly, Co-Executors, and C. Norman Borgatello, Successor Trustee to the Charles A. Borgatello Living Trust - Page 4




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            Discussion                                                                                 
                  The estate contends that the combined value of MVN and MVS                           
            is $13,375,000 (MVN, $8,375,000 and MVS, $5,000,000).  On the                              
            basis of those values and the stipulated value of VIC's other                              
            assets, the estate contends that Mr. Borgatello's 1,037 shares of                          
            VIC stock are worth $7,542,101.  Respondent contends that the                              
            combined value of MVN and MVS is $15,799,000 (MVN, $9,925,000 and                          
            MVS, $5,874,000).  On the basis of those values and the                                    
            stipulated value of VIC's other assets, respondent contends that                           
            Mr. Borgatello's interest in VIC is worth $9,930,000.                                      
            Procedural Issue                                                                           
                  Before we tackle the issues of the fair market values of MVN                         
            and MVS and Mr. Borgatello's interest in VIC, we must first                                
            address an evidentiary issue concerning certain appraisal reports                          
            prepared by the experts in this case.  The estate commissioned                             
            several appraisals of MVN and MVS.  One of the real estate                                 
            appraisers, Wayne Holden, was asked to value MVN and MVS as of                             
            the date of Mr. Borgatello's death.  For this purpose, Mr. Holden                          
            produced a set of appraisals that he completed on January 14,                              
            1994 (Holden I reports).  Subsequently, the estate asked Mr.                               
            Holden to appraise MVN and MVS as of the alternate valuation                               
            date.  Mr. Holden updated his previous appraisals in two letters                           
            dated February 21, 1994 (Holden II reports).  The Holden II                                





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