- 37 - never personally observed two of the horses valued in her report, TF Silent Reign and Mon Reve, instead relying on still-shot photographs. We find that Ms. Esler’s report does not comply with Rule 143(f), as it fails to set out in detail the reasons for her conclusions. We further find that Ms. Esler could not adequately explain her report at trial and her answers to many questions raise doubts as to the reliability of her valuations. Because petitioner introduced no other evidence regarding the values of her horses, those values cannot be considered in determining whether petitioner engaged in her horse activity for profit. c. Summary As outlined above, the fair market value of Falling Water Way and Gavilan Hills can be taken into account in considering this factor. Petitioner purchased Falling Water Way for $135,000 and Gavilan Hills for $70,000. As of June 15, 2004, the fair market value of the horse facilities and land at Falling Water Way was $375,000, and the fair market value of Gavilan Hills was $306,000. Falling Water Way and Gavilan Hills have appreciated substantially, and petitioner can reasonably expect the properties to continue to appreciate. Therefore, we find that this factor weighs inPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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