- 13 - For purposes of this controversy, the estate contends that the value reported on the amended returns is correct. Respondent relies on his expert’s discounted value of $4,608,825, which closely approximates the $4,835,300 value determined in the notice of estate tax deficiency. As already discussed, for all practical purposes, the facts in the record are not in dispute. The parties’ experts have used diverse judgmental factors which resulted in differing values’ being advanced by the parties. Accordingly, we proceed to examine the parties’ experts’ opinions and methodologies. A court, in approaching expert opinion evidence, is not constrained to follow the opinion of any expert when the opinion is contrary to the court’s own judgment. A court may adopt or reject expert testimony. Helvering v. Natl. Grocery Co., supra at 295; Silverman v. Commissioner, 538 F.2d 927, 933 (2d Cir. 1976), affg. T.C. Memo. 1974-285. Valuation cases are usually 6(...continued) extent binding or probative, restricting an estate from substituting a lower value without cogent proof that those admissions are wrong. Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989); Estate of Pillsbury v. Commissioner, T.C. Memo. 1992-425; Estate of McGill v. Commissioner, T.C. Memo. 1984-292. In that regard, the estate used the same expert for purposes of the values claimed in the original and amended estate tax returns. Ultimately, the valuation question we have considered was framed by a factual record and the parties’ arguments in connection with their respective experts’ reports. The value we have decided was larger than the value reported in the original estate and gift tax returns, and so there was no need to analyze whether the estate should have been bound by the latter values.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011