Michael T. Caracci and Cindy W. Caracci, et al. - Page 32




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               Charles A. Wilhoite (Wilhoite) presented expert testimony on           
          behalf of respondent.  Wilhoite, a certified public accountant,             
          is a principal of Willamette Management Associates and codirector           
          of that firm’s office in Portland, Oregon.  He has performed a              
          number of assignments involving the analysis and appraisal of               
          professional practices, with a heavy concentration in the health            
          care field.  He has been involved with assignments requiring the            
          valuation of intangible assets, including CONs, customer                    
          relationships, goodwill, and workforces.                                    
               Petitioners argue that Wilhoite’s testimony should be                  
          stricken because, they claim, his qualifications as an expert and           
          his methodology are insufficient to meet the standards set forth            
          in Daubert v. Merrill Dow Pharm., Inc., 509 U.S. 579 (1993).                
          These contentions are nonsensical and border on the frivolous.              
          Gross v. Commissioner, T.C. Memo. 1999-254, affd. 272 F.3d 333              
          (6th Cir. 2001).  We have no reason to question our recognition             
          of Wilhoite as an expert on the fair market valuation of health             
          industry and related businesses; i.e., the business of the                  
          Sta-Home tax-exempt entities.  Nor are we unsatisfied as to the             
          reliability of his methodology, including ascertaining the fair             
          market values of invested capital for comparable entities.  BTR             
          Dunlop Holding, Inc. v. Commissioner, T.C. Memo. 1999-377.                  
               Turning to Wilhoite’s testimony, Wilhoite, like Hahn,                  
          considered the three principal means of valuing a company’s                 






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