Estate of Michel Dunia, Deceased, Renee Hawley and Michel Dunia, Jr., Executors and Trustees - Page 7

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          opinions may assist in evaluating a claim, we are not bound by              
          these opinions and may reach a decision based on our own analysis           
          of all the evidence in the record.  Helvering v. Natl. Grocery              
          Co., 304 U.S. 282, 295 (1938); Estate of Newhouse v.                        
          Commissioner, 94 T.C. 193, 217 (1990).  Where experts offer                 
          conflicting estimates of fair market value, we must weigh each              
          estimate by analyzing the factors they used to arrive at their              
          conclusions.  Casey v. Commissioner, 38 T.C. 357, 381 (1962).  We           
          may accept the opinion of an expert in its entirety, or we may be           
          selective in the use of any portion.  Parker v. Commissioner, 86            
          T.C. 547, 562 (1986); Buffalo Tool & Die Manufacturing Co. v.               
          Commissioner, 74 T.C. 441, 452 (1980).  Mr. Perdue’s report                 
          concluded that the value of the Victorville property was $8.5               
          million ($2.10 per square foot) on the valuation date.  Mr.                 
          Thompson’s report concluded that the value of the Victorville               
          property was $4.45 million ($1.10 per square foot) on the                   
          valuation date.                                                             
               The Court of Appeals for the Ninth Circuit has held that the           
          burden of persuasion may be shifted from the taxpayer to the                
          Commissioner when the Commissioner’s determination is shown to be           
          invalid by his own expert.  See, e.g., Estate of Mitchell v.                
          Commissioner, 250 F.3d 696, 702 (9th Cir. 2001), affg. in part,             
          vacating in part and remanding T.C. Memo. 1997-461.  At trial,              
          respondent’s expert placed a value of $8.5 million on the                   






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