Roger and Sharon Wortmann, et al. - Page 20

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               C.  Petitioners’ Expert’s Appraisal                                    
               We now address the conclusions of petitioners’ expert, who             
          determined the subject property’s value to be $475,000, on the              
          date of contribution.  We find this valuation conclusion                    
          problematic and give it considerably less weight.  TRRC engaged             
          Mr. White to perform an appraisal of the subject property as of             
          the contribution date.  Mr. White is a certified real estate                
          appraiser located in Neligh, Nebraska, where he has lived his               
          entire life.  He has had his appraiser’s license since 1976 and             
          his general certified appraiser’s license since 1993.                       
               The evidence in this case does not fully establish the                 
          independence of Mr. White.  TRRC, not TRY, retained Mr. White, at           
          the suggestion of Mr. Archbold.  It was not explained at trial              
          why the donee, rather than the donor, hired the appraiser, and no           
          one testified why or how Mr. White was the appraiser chosen.                
          Lacking any evidence to answer these questions, we cannot                   
          evaluate and satisfy ourselves that Mr. White’s valuation opinion           
          was truly independent.  We are troubled by the circumstances                
          under which Mr. White was retained and also by his analysis and             
          conclusions.  These concerns lead us to give significantly less             
          weight to Mr. White’s conclusions of value.                                 
               Mr. White used two of the three traditional approaches to              
          value in his appraisal.  As with Mr. Fischer’s appraisal for                
          respondent, Mr. White also did not rely upon the income approach            
          as the subject property was not income-producing property.                  






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