Estate of Rebecca A. Wineman - Page 25




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          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 based            





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