Michael T. Caracci and Cindy W. Caracci, et al. - Page 23




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               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).                                     






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