Elizabeth Giles - Page 37

                                     - 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 in                  






Page:  Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  Next

Last modified: May 25, 2011