Estate of Nora Kolczynski, Deceased, Matthew Hoffmeier, Executor - Page 8

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          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.  Silverman v. Commissioner, supra at 933;                
          Casey v. Commissioner, 38 T.C. 357, 381 (1962); see also Estate             
          of Davis v. Commissioner, 110 T.C. 530, 538 (1998).                         
               Each party offered expert testimony with respect to the                
          value of DP.  The estate presented the testimony of Charles                 
          Middleton (Mr. Middleton), a South Carolina State-certified                 
          general real estate appraiser.  Mr. Middleton’s report was                  
          attached to the estate tax return, which was received into                  
          evidence.  Respondent concedes that Mr. Middleton is an expert in           
          appraising real estate.  The Court, however, limited Mr.                    
          Middleton’s testimony to that of a rebuttal witness since the               
          estate failed to comply with the Court’s standing pretrial order            
          to identify him in its pretrial memorandum as a witness it                  
          intended to call at trial.                                                  
               The estate also presented the testimony of Thomas Hartnett             
          (Mr. Hartnett), a South Carolina general real estate appraiser              
          and a certified real estate brokerage manager, as an expert in              
          land valuation.  Mr. Hartnett prepared an expert report in                  
          accordance with Rule 143(f), and the estate properly identified             
          him as a witness in its pretrial memorandum.                                







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