Appraisal Witness: Qualified Expert

Appraisal Witness: Qualified Expert

Establish an Expert Appraisal Witness

Establish an expert appraisal witness based upon his testimony resting upon a reliable foundation and his testimony being relevant to the tasks at hand.

The “Frye” test, (Frye v. U.S., App DC 46. F 103) was the standard for admitting an expert appraisal witness’ testimony into the record of the court until 1993. The District of Columbia Federal Court of Appeals stated, “Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.” For 70 years the court used these criteria to establish an expert appraisal witness. Interpreted, this declaration simply says that unless the expert appraisal witness’ testimony was based upon scientific technique that was “generally accepted” in the scientific community then it would not be accepted as expert appraisal witness testimony.

The Daubert “upset”, ( Daubert v. Merrill Dow 509 US 579) ushered in Federal Rule 702 that prevails today over the acceptance of an expert appraisal witness’ testimony into most courts of law. The “generally accepted” clause has been thrown out and we now have a defined criteria for the expert appraisal witness to see if his methodology or underlying reasoning can be applied to the facts of issue and is scientifically valid:

    a. whether the technique in question or theory, of the appraisal witness, can be and has been tested,
    b. whether it has been subjected to publication and peer review,
    c. its potential or known error rate,
    d. the existence and maintenance of standards controlling its operation,
    e. Whether it has attracted widespread acceptance within a relevant scientific community.

Now with other considerations the expert appraisal witness testimony must pertain to “scientific knowledge”.

If you are trying to establish an expert appraisal witness, the integrity of the expert appraisal witness and his ability to be credible brings the court to approve the witness as an expert appraisal witness under the outlined provisions. Professionalism of the expert appraisal witness includes preparedness, experience, diligence, honesty and a portfolio beyond reproach. Durkin Valuation Associates combine 70 years of experience within the past 30 years of practice that have a record of irrefutable testimony. Call for you valuation and expert appraisal needs. Phone

(617) 720-0332

Expert Appraisal Witness
  1. (required)
  2. (valid email required)
Please answer the Human verification question.
 

cforms contact form by delicious:days


establish an expert appraisal witness,appraisal witness,daubert

Technorati Tags: , ,

Be Sociable, Share!

This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news



Accountingweb.com

Tax Court: No Tax Bargain for Charitable Shopping
Accountingweb.com
Other special rules may come into play. Notably, no deduction is generally allowed unless the item is in good condition. In addition, the IRS requires you to obtain an independent appraisal for items valued above $5,000 and to attach the appraisal to ...
Notice 2018-54 - IRS.govIRS.gov
Pending EO 12866 Regulatory Review - RegInfo.govRegInfo.gov
Illinois General Assembly - Bill Status for HB4237Illinois General Assembly
Illinois News Network
all 28 news articles »



Journal of Accountancy

Final rules govern adequate substantiation for charitable contributions
Journal of Accountancy
For claimed noncash contributions of $5,000 or more, in addition to a contemporaneous written acknowledgment, the donor must obtain a qualified appraisal and complete and file either Section A or Section B of Form 8283 (depending on the type of ...




WealthManagement.com

Donating a Vehicle to Charity 101
WealthManagement.com
Charities year-round solicit contributions of cars and other vehicles. Here's a typical scenario: Your client is at the dealership and have negotiated the price to buy or lease. Now, how much will the dealer pay for the old car—a junker? Peanuts! So ...




Courier Mail

Crime and Corruption Commission investigation into Ipswich City Council reveals list of alleged sins
Courier Mail
Allegations about gifts for development favours also form part of a blistering appraisal of the local government authority's failings, in a report entitled “Lessons from an investigation into Ipswich City Council”. Ipswich City Council ... Contractor ...

and more »



The Daily Progress

Coming events for Aug. 9, 2018
The Daily Progress
The event will be hosted by the Lake of the Woods Democratic Club and the Orange, Culpeper and Spotsylvania democratic committees. The minimum donation is $20. Light refreshments will be provided. For more information, visit www.lowdemocrats.org ...




Washington Post

How to get a tax write-off from your home remodel
Washington Post
To take a deduction of more than $5,000 worth of materials from the renovation project, the donated materials must be appraised by what the IRS refers to as a “qualified appraiser.” My experience with this process began while designing a new kitchen ...




Forbes

13 Tips For Making Your Charitable Donation Tax-Deductible In 2017
Forbes
A tax deduction for charitable giving isn't guaranteed just because you're feeling generous. As with everything in tax law, it's important to follow the rules.

and more »



Forbes

Failure To Substantiate Charitable Contributions Costs Family $142000 In Deductions
Forbes
And when you add the Odhe case to the court's prior decision in Payne -- which was decided in 2016 -- you must walk away with the appreciation that if you can't substantiate your donations, the IRS won't "cut you a deal" or allow you a reasonable ...




Boost your charitable giving this year, in case the GOP tax bill becomes law
CNBC
For contributions worth $250 or more, you need written acknowledgement of the gift from the recipient organization. Donations of non-cash items worth $5,000 or more require a professional appraisal. While you do not file these records with your tax ...

and more »



CNBC

Donating a car to charity? You might want to pump the brakes
CNBC
If the car is worth more than $5,000, you need to get an independent appraisal of it and also complete Section B of Form 8283. 6. Drop it off. If the car is road-worthy, drive it yourself to the charity you're donating to. It saves money and ensures ...


Google News

Copyright © 2008, 2009, 2010, 2011, 2012 appraisalwitness.com All rights reserved.
http://appraisalwitness.com/