Estate of Algerine Allen Smith - Page 22




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          of decedent’s date of death was not more than $681,840.  Mr.                
          Glasser has practiced law for 23 years, focusing principally upon           
          oil and gas, securities, and general corporate litigation.  He              
          has served as counsel to a number of oil companies and has                  
          handled numerous oil and gas litigation disputes, including                 
          disputes over royalty claims.  In 1993, Mr. Glasser began                   
          training to become a mediator.  Since that time, he has mediated            
          approximately 450 cases, including oil and gas disputes involving           
          claims by and against major oil companies.  He has authored                 
          publications on mediation and arbitration of disputes and also              
          trained other mediators and arbitrators.  We find that Mr.                  
          Glasser, a lawyer who has settled and mediated numerous cases               
          involving disputes similar to the one between Exxon and decedent,           
          is qualified to render his opinion as an expert for purposes of             
          this case.  See, e.g., Askanase v. Fatjo, 130 F.3d 657, 672 (5th            
          Cir. 1997) (discussing when a lawyer may testify as an expert               
          witness); Estate of Davis v. Commissioner, T.C. Memo. 1993-155;             
          Estate of Lennon v. Commissioner, T.C. Memo. 1991-360; Smith,               
          Inc. v. Commissioner, T.C. Memo. 1977-23.                                   
               Mr. Glasser identified his assigned task as ascertaining the           
          value of Exxon’s claim as of decedent’s date of death and                   
          offering an expert opinion on the value of the claim as of that             
          time.  Mr. Glasser relied primarily on documentary evidence                 
          relating to the Jarvis Christian litigation.  Mr. Glasser’s                 






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