Estate of Frazier Jelke III, Deceased, Wachovia Bank, N.A., f.k.a. First Union National Bank, Personal Representative - Page 19

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          on his expert’s, Mr. Shaked’s, discounted value of $9,225,837 but           
          does not seek to increase the amount determined in the notice of            
          deficiency.                                                                 
               We are not constrained to follow an expert’s opinion where             
          it is contrary to the Court’s own judgment, and we may adopt or             
          reject expert testimony.  Helvering v. Natl. Grocery Co., 304               
          U.S. at 295; Silverman v. Commissioner, 538 F.2d 927, 933 (2d               
          Cir. 1976) (and cases cited thereat), affg. T.C. Memo. 1974-285.            
               In attempting to value the interest in CCC, the estate’s               
          expert, Mr. Frazier, considered the three traditional valuation             
          approaches--income, market, and asset.  Under the income                    
          approach, value is determined by computing a company’s income               
          stream.  Under the market approach, value is determined by                  
          comparison with arm’s-length transactions involving similar                 
          companies.  Finally, under the asset approach, value is                     
          determined by computing the aggregate value of the underlying               
          assets as of a fixed point in time.                                         
               After discussing several methods, Mr. Frazier used what he             
          described as a combination of the market and asset approaches.              
          Mr. Frazier used the market approach to value CCC’s securities.             
          Purporting to rely on the asset approach to valuation, Mr.                  
          Frazier then reduced the total of the market prices for CCC’s               
          securities by the liabilities shown on CCC’s books and the tax              
          liability that would have been incurred if all of CCC’s                     
          securities had been sold on decedent’s date of death.  Mr.                  
          Frazier did not make adjustments to the tax liability for the               





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