Estate of Helen M. Noble, Deceased, Leslie H. Noble, Jr., and John R. Noble, Co-Personal Representatives - Page 5

                                         -5-                                          
          Co., stating that the applicable fair market value of an                    
          11.6-percent ownership interest in Glenwood Bank was $1.1                   
          million.  The Shenehon report was a second expert report prepared           
          by Herber on behalf of Shenehon Co. as to the fair market value             
          of the 11.6-percent interest.  Shenehon Co.’s first report                  
          indicated on its face that it had been prepared by three                    
          individuals, but only one of those individuals was available to             
          testify at trial.  We excluded the first report from evidence on            
          the basis of our Opinion in Bank One Corp. v. Commissioner,                 
          120 T.C. 174 (2003).  There, we excluded from evidence the                  
          rebuttal report of the taxpayer’s expert that was alleged by the            
          Commissioner to be tainted in its preparation by the significant            
          participation of the taxpayer’s counsel.  Id. at 278.  We held              
          that the rebuttal report was inadmissible because the expert had            
          not established that the words, analysis, and opinions in that              
          rebuttal report were his own work.  Id. (citing Daubert v.                  
          Merrell Dow Pharm. Inc., 509 U.S. 579, 592 n.10 (1993)).  As is             
          equally true here, we were not persuaded by a preponderance of              
          proof that the words, analysis, and opinions in the excluded                
          report were the work of Herber.                                             
               The Shenehon report ascertained the fair market value of the           
          subject shares by considering four valuation methods (book value            
          method, discounted cashflow method, public guideline market                 
          method, and private guideline market method) and applying a                 






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