Estate of Helen A. Deputy, Deceased, William J. Deputy, Co-Executor - Page 13

                                       - 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