- 25 - hypothetical. See Propstra v. United States, 680 F.2d 1248, 1251-1252 (9th Cir. 1982); Estate of Robinson v. Commissioner, 69 T.C. 222, 225 (1977). Fair market value of property as of any given date is a question of fact to be determined from the entire record. See Lio v. Commissioner, 85 T.C. 56, 66 (1985), affd. sub nom. Orth v. Commissioner, 813 F.2d 837 (7th Cir. 1987). While we must consider the entire record, we have broad discretion in deciding which facts are most important in reaching a decision because “finding market value is, after all, something for judgment, experience, and reason”. Colonial Fabrics, Inc. v. Commissioner, 202 F.2d 105, 107 (2d Cir. 1953), affg. a Memorandum Opinion of this Court dated Jan. 22, 1951. The determinations of value in respondent's statutory notice of deficiency are presumptively correct. See Welch v. Helvering, 290 U.S. 111 (1933). Petitioner bears the burden of proving that the fair market values of the properties are less than those determined by respondent. See Rule 142(a). Respondent bears the burden of proof with respect to any increases in value beyond those determined in the notice of deficiency. See id. In support of their positions, both parties presented expert testimony. Both expert witnesses are appraisers: Leslie J. Gilman (Mr. Gilman) for petitioner and David F. Hamel (Mr. Hamel) for respondent. We do not list or discuss here the qualifications of the experts, because our decision is not basedPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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