Rhett Rance Smith and Alice Avila Smith, et al. - Page 43




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          of Appraiser was signed by Mr. Kramer, and references were made             
          to a September 1, 1999, appraisal.  Petitioners did not produce a           
          September 1, 1999, appraisal report, and no such appraisal report           
          was attached to their returns.                                              
               The second appraisal was performed Mr. Koehl of Management             
          Planning, Inc., a company in the valuation business.  Mr. Koehl             
          determined that the aggregate enterprise value of Beneco, on a              
          controlling interest basis, was $8.5 million as of March 31,                
          2000.  Mr. Koehl did not prepare a separate analysis or valuation           
          of the partnership interests.  His report appears to have been              
          completed after the due date for filing petitioners’ 2000                   
          returns.  Forms 8283 for 2001 referred to Mr. Koehl’s valuation,            
          and Rhett and Alice’s 2002 contribution was apparently based upon           
          that same  appraisal report by Mr. Koehl.  Some of the returns              
          had a one-page letter from Mr. Koehl that fell far short of                 
          meeting the statutory and regulatory requirements for an                    
          appraisal summary.  Other returns had no letter, summary, or                
          appraisal report attached.                                                  
               At trial, petitioners’ expert, Scott Springer, valued the              
          partnership interests as of the dates of the contributions.  This           
          report, however, was prepared for purposes of trial and did not             
          purport to be a qualified appraisal within the meaning of the               
          regulations under consideration.                                            
               Accordingly, the appraisals petitioners relied on for                  
          claiming deductions were not made for the period beginning 60               





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