- 23 - Nor are petitioners assisted by citing Estate of Davis v. Commissioner, 110 T.C. 530 (1998). There, we rejected the Commissioner’s attempt to narrow the field of hypothetical willing buyers. The Commissioner had done so by advancing the unwarranted assumption that a hypothetical buyer would cause the acquired corporation to escape its potential tax liabilities by having it elect S corporation status and by not permitting it to sell any of its assets for 10 years thereafter. Unlike the assumption there, the assumption here that the cost-shifting attribute is a valuable asset is fully warranted. In fact, as explained below, both experts have ascribed value to the Sta-Home tax-exempt entities’ cost-shifting mechanism. In addition, petitioners’ expert, Alfred D. Hahn (Hahn), has elsewhere written that “transaction prices reflect the value to a buyer to shift overhead costs”. Hahn et al., “Home Health Agency Valuation: Opportunity Amid Chaos”, Intrinsic Value (Spring 1998). B. Role of the Expert As typically occurs in a case of valuation, each party relies primarily upon an expert’s testimony and report to support the respective positions on valuation. A trial judge bears a special gatekeeping obligation to ensure that any and all expert testimony is relevant and reliable. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147 (1999); Daubert v. Merrill Dow Pharm., Inc., 509 U.S. 579, 589 (1993).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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