- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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