- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011