Estate of Helen M. Noble, Deceased, Leslie H. Noble, Jr., and John R. Noble, Co-Personal Representatives - Page 11

                                        -11-                                          
               fact that the Court admits an expert’s opinion into                    
               evidence does not mean that the underlying facts upon                  
               which the expert relied are also admitted into                         
               evidence.  Anchor Co. v. Commissioner, 42 F.2d 99                      
               (4th Cir. 1930); Rogers v. Commissioner, 31 B.T.A. 994,                
               1006 (1935); see United States v. Scheffer, 523 U.S.                   
               303, 317 n.13 (1998) (whereas expert opinion is                        
               considered evidence, the facts upon which such an                      
               expert relies in forming that opinion are not                          
               considered evidence until introduced at trial by a fact                
               witness); see also United States v. 0.59 Acres of Land,                
               109 F.3d 1493, 1496 (9th Cir. 1997).  In a case such as                
               this, where an expert witness relies upon facts which                  
               are critical to the Court’s analysis of an issue, we                   
               expect that the party calling the witness will enter                   
               into evidence those critical facts.  * * *  [Haffner’s                 
               Serv. Stations, Inc. v. Commissioner, T.C. Memo.                       
               2002-38, affd. 326 F.3d 1 (1st Cir. 2003).]                            
          II.  Rules on Valuation                                                     
               The value of property for Federal estate tax purposes is a             
          factual inquiry in which the trier of fact must weigh all                   
          relevant evidence and draw appropriate inferences to arrive at              
          the property’s fair market value.  Commissioner v. Scottish Am.             
          Inv. Co., 323 U.S. 119, 123-125 (1944); Helvering v. Natl.                  
          Grocery Co., 304 U.S. 282, 294 (1938); sec. 20.2031-1(b), Estate            
          Tax Regs.  For this purpose, fair market value is the price that            
          a hypothetical willing buyer would pay a hypothetical willing               
          seller, both persons having reasonable knowledge of all relevant            
          facts and neither person under a compulsion to buy or to sell.              
          Sec. 20.2031-1(b), Estate Tax Regs.; see also United States v.              
          Cartwright, 411 U.S. 546, 551-552 (1973); Estate of Fitts v.                
          Commissioner, 237 F.2d 729, 731 (8th Cir. 1956), affg. T.C. Memo.           
          1955-269; Estate of Scanlan v. Commissioner, T.C. Memo. 1996-331,           





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

Last modified: May 25, 2011