Donald J. Janda - Page 6



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          for shares in a closely held corporation.  See Estate of Stevens            
          v. Commissioner, supra.  Because the inability to control a                 
          closely held corporation influences the marketability of the                
          investment, there is sometimes some overlap between the two                 
          discounts.  See Estate of Andrews v. Commissioner, supra at 952.            
               We have wide discretion in accepting expert testimony.  See            
          Helvering v. National Grocery Co., 304 U.S. 282, 294-295 (1938).            
          We examine the expert’s qualifications and compare his or her               
          testimony with all other credible evidence in the record.  We may           
          accept or reject an expert’s opinion entirely or pick and choose            
          the portions of the opinion we find reliable.  See id.; Seagate             
          Tech., Inc., & Consol. Subs. v. Commissioner, 102 T.C. 149, 186             
          (1994); Estate of Newhouse v. Commissioner, 94 T.C. 193, 218                
          (1990); Parker v. Commissioner, 86 T.C. 547, 562 (1986).                    
               At trial, Mr. Schneider accepted Mr. Wahlgren’s conclusion             
          that the fair market value of the Company stock on a minority               
          basis, but before consideration of the discount for lack of                 
          marketability, was $46.24 per share at the time of transfer.2               
          From that figure, Mr. Wahlgren opined that a 65.77-percent                  
          marketability discount was appropriate,3 while Mr. Schneider                




               2  Mr. Schneider, in his report, failed to account for                 
          interest and principal recovered from loans previously charged              
          off on the books of the Bank.                                               
               3  References to marketability discount are to the discount            
          for lack of marketability.                                                  




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