Service Record

Service Record as a Designated Expert in Contested Matters Larry Gibbs

The following are matters in which Gibbs has served as a designated expert witness with regard to contested valuation issues, the assessment of damages with regard to closely held companies and partnerships, and/or liability issues. We not keep copies of depositions or trial transcripts.

Estate of B. R. Willeford, 84-PC-3158, Statutory Probate Court No. Two, Bexar County, Texas.

George Spencer, Sr., San Antonio, Texas, attorney for the defendant Foster, Lewis, Langley law firm in San Antonio. Deposition Testimony. Trial Testimony. Case settled after a jury verdict for the plaintiff.

Estate of Olga C. Bohac v. Rudy J. Bohac and Attorney Walker Arernson. Georgetown, Texas.

John Scanlan, Scanlan and Buckle 602 West 11th Street Austin, Texas 78701-2007, attorney for plaintiff. Circa 1989. Review of allegations of fiduciary misconduct and legal malpractice. Deposition testimony and testimony in Court. Case settled after jury verdict for the plaintiff.

Sylvia Uriegas, et al v. Woodmen of the World Life Insurance Society, Cause No. 89-CI-000478 [Bexar] Charles Williams, James E. Ingram, J.D., Robert P. Wilson, J.D., San Antonio, Texas, attorneys for defendants. 1990. Review tax issues associated with representations made by underwriting representative of Defendant. Case on appeal after jury verdict for the plaintiff. Deposition and trial testimony.

James E. Willingham v. Jenkins & Gilchrist [Bexar]. Pat Maloney; Charles A. Nicholson, attorneys for plaintiff, James Willingham. 1990. Third-Party malpractice action and tortious interference claims against Jenkins & Gilchrist law firm. Deposition testimony. Case settled before trial.

The Estate of Christine Devitt, Deceased, No. 83-768,049, In the County Court, Lubbock County, Texas. Larry York, J.D, John H. McLeod, J.D., Baker & Botts, 1600 San Jacinto Center, 98 San Jacinto Blvd, Austin, Texas 78701-4039, Attorneys for plaintiff. 1990. Peer review of alleged professional misconduct of Lubbock attorney George McClesky and his law firm. Pre-trial deposition. Case settled before trial.

Allen Construction Co., Inc. v. Dahlstrom Corporation, et al [Bexar County] Robert P. Wilson, J.D., John M. Killian & Associates, 445 West Sunset Road, San Antonio, Texas 78209, Attorneys for plaintiff. 1990, 1991. Review of tax issues relating to the creation of an irrevocable trust by Gay Dahlstrom, allegations of fraudulent conveyance. Pre-trial deposition testimony. Case settled before trial.

Gerald Wayne Johnson, M.D. and June Elaine Johnson v. Ben B. Turner, Jr., et al; In the 127th Judicial District Court of Harris County, Texas. Cause No. 887-39750. [Harris County], James J. Maher, J.D., Sewell & Riggs, P. C., 333 Clay Avenue, Suite 800, Houston, Texas 77002-4086

Attorneys for defendant. 1991. Review of claims of negligence, misrepresentations, against attorney Ben Turner, relative to 1979 partition agreements between plaintiffs. Issued Expert’s Report. Disposition of case unknown.

Cheryl L. Thompson and Mary C. Thompson, Plaintiffs, and Warren Electric Company and the Estate of James R. Thompson, Defendants (Plaintiffs in Interest) v. Deloitte & Touche; Herbert E. Noack, Jr.; Christopher B. Parsons; Michael J. Sonsino; Williams & Company, C.P.A.’s; Huisenga, Henjes, Conner, Countryman, Williams, Grimsley & Associates; Robert V. Williams; John C. Williams; McCollough & McCollough and Milton B. McCollough, Defendants, No. 23,239-401, In the Matter of the Estate of James R. Thompson, In the Probate Court Number One of Harris County, Texas. Urquhart & Hassell, 2727 Allen Parkway, Suite 1600, Houston, Texas 77019. 1993. Designated expert witness in legal malpractice litigation against Mr. McCullough. Deposition testimony in the case against Attorney McCullough. Case subsequently settled after deposition with Attorney McCullough. Also designated as expert for claims against Deloitte & Touche and the executors and trustees under the will of James R. Thompson, but this testimony not fully developed or used in trial on the merits. Jury verdict was in favor of Deloitte & Touche.

Frances Willis McAllen et al v. William Scanlan Jr. et al, No. C-4020-B, 93rd Judicial District Court of Hidalgo County, Texas (the Attorneys Litigation) and Argyle A. McAllen, et al v. William Scanlan, Jr. et al, No. C-218-94-A, 93rd Judicial District Court of Hidalgo County, Texas (the Partition Litigation). 1995. Designated expert witness by the defense. Issues of self-dealing, fiduciary duty by lawyer to clients (family related), conflicts of interest. Settlement (considered favorable to the defense) after delivery of our comprehensive report and opinion. Steven A. Fleckman, J.D., Fleckman & McGlynn, 1800 NationsBank Tower, 515 Congress Avenue, Austin, Texas 78701-3503. Deposition and trial testimony not required.

Service in the capacity of a consulting expert and testifying expert with regard to estate planning, tax, and valuation issues in the matter of William H. Dobie, III, Plaintiff, vs. John H Speer, individually and as the Independent Executor of the Estate of Katy Sue Dobie Hendrickson, Deceased, and Kenneth W. Hendrickson, Defendants, Cause No. 697, In the County Court of La Salle County, Texas. Consulting expert and testifying expert with regard to mixed liability and damage (valuation) issues. Year(s): 2004-2006. Deposition Testimony. Settled. Contact: Eugene M. Nettles, Porter & Hedges, 1000 Main Street, 36th Floor, Houston, TX 77002-6336.

Estate of Robert E. Howerton – IRS Examination & Contest • Estate Tax Return • Indianapolis, Indiana. Consulting expert • business valuation services. Technical advice concerning IRC § 2036 and IRC § 2701 issues. Contact: Robert K. Stallwood, JD, Stallwood Law Office, 6435 Castleway West Drive, Suite 121, Indianapolis, Indiana 46250. Settled.

Gevene K. Clinton Planning, Kansas • IRS Examination, estate tax return (Salina, Kansas). Consulting expert • business valuation services. Technical advice concerning IRC § 2036 and IRC § 2701 issues. Contact: Steven W. Brown, JD, Brown & Vogel, Chartered, 2035 E. Iron Avenue, Suite 101; P.O. Box 2177, Salina, KS 67402-2177. Settled.

Estate of Edward L. Murphy – Wisconsin. Estate tax audit by IRS, Consulting expert • business valuation services. Technical advice concerning IRC § 2036 and IRC § 2701 issues. Contact: Wayne W. Wilson, JD, Wilson Law Group, LLC, 7633 Ganser Way, Suite 100, Madison, Wisconsin 53719-2002. Settled.

Estate of Loretta Houston • estate tax audit, New Mexico. Consulting expert • business valuation issues. Technical advice concerning RC § 2036 and IRC § 2701 issues. Contact: D. Lyle Wood, JD, 303 N. Alameda, Las Cruces, NM 88004. Settled.

Cause No. 02P211-L, In the Estate of Mozelle Rutledge Scott, Deceased, et al vs. Hughes & Luce, L.L.P, Kathryn G. Henkel, and Laurel Stephenson (Defendants), In the County Court at Law No. 1, Tom Green County, Texas. Error and omissions claim against Hughes & Luce re: tax planning, damages. Consulting expert for the Plaintiff concerning liability issues and damages. Damages calculations included extensive business valuation modeling. Contact: James E. Wren, JD, Williams, Squires & Wren LLP, Bridgeview Center, 2nd Floor, 7901 Fish Pond Road, Waco, Texas 76710. James Wren is now a professor in the Baylor University Law School. Contested, written report/opinion as to liability issues and damages. Settled.

Estate of Marlon Brando • California – Litigation – fact witness as to negotiations that occurred during the term of my service to Mr. Brando. Settled. Contact: Peter J. Linden, JD, 2500 Anniversary Lane, Newport Beach, California 92660-3314.

In Re the Marriage of Marcia Fail Boykin (Petitioner) and Robert Ingalls Marks Boykins, Case Number 02DR23, in the District Court of Pitkin County, Colorado. Valuation expert requiring valuation of Bluebonnet Saving Bank and its subsidiary companies, family partnerships, and trusts • Divorce. Settled almost immediately after the issuance of our business valuation report. Contact: I. Thomas Bieging, JD, James Shortall, JD, Bieging Shapiro & Burrus LLP, 4582 S. Ulster Street Pkwy, Suite 1650, Denver, Colorado 80237.

Estate of Juanita W. Hughes, Deceased, Donor, vs. Commissioner of Internal Revenue Service, Docket No. 9504-99, United States Tax Court. Consulting expert • business valuation services, technical advice as to tax matters • compliance and examination matters. Settled. Contact: Don Lan, JD, Kroney-Mincy, Dallas, TX.

Nancy L. Yeager et al v. Mark Carson et al, District Court, Boulder County, Colorado. Errors & omissions claim. Consulting expert for the Defendant with regard to liability and the valuation of damages. Suit dismissed by the Court after the delivery of our analysis/report. Contact: Walter J. Hopp, JD, Hopp & Associates, PC, 13264 North 75th Street, Longmont, Colorado 80503.

Cause No. 98-PC-0533 in regard to the Estate of Mary Jayne Bender Perez filed in the Statutory Probate Court No 1 of Bexar County, Texas. Consulting expert with regard to attempt to partition the property of a 20-year business trust and the application of Code Section 2057 as an applicable estate tax deduction as to the decedent’s interest in a family owned business. Contact: James E. Aderhold, JD and Joe Meador, JD, San Antonio, Texas. Settled.

IRS Large Estate Tax Examination – Estate of John Rupert Hunt Thouron (Date of Death: February 06, 2007) and Estate of John J. Thouron (Date of Death: January 18, 2006). Employed as an consulting expert witness with our active participation in fact finding and negotiations leading to a settlement of these two large cases. Consultations in Philadelphia and Boston. Contact: Vincent T. Donohue, Lamb McErlane PC, 24 E. Market Street, PO Box 565, West Chester, PA 19381-0565 and/or Cecil D. Smith, Cecil Smith & Associates PC, 6800 Poplar Avenue, Suite 200, Memphis TN 38138. Nashville Office: 2900 Vanderbilt, Suite 102, Nashville TN 37212

2001 Graduate of the Valuation Expert Witness Training Program of the National Business Valuation Association (Washington, D.C.).

Teaching assistance in the Valuation Expert Witness Training Program of the National Association of Certified Valuation Analysts (NACVA), 2007, 2009.

Mediation training, American College of Trust & Estate Counsel (ACTEC).

Service Record as Legal Counsel in Contested Matters Larry Gibbs

The following are matters in which Larry Gibbs has served as trial counsel and/or audit counsel. We cannot serve as trial counsel in any matter in which we are probably going to be called a valuation expert.

Estate of Kelley v. Commissioner, 2005-235 (October 12, 2005) – Trial in Dallas, Texas, December 14, 2004. Issues limited to the discounted value of decedent’s equity in a family limited partnership formed shortly before decedent’s death. Judge Vasquez, presiding. Held: Decedent’s interest in a cash-only partnership was entitled to a 32.6% valuation discount. Full trial. Trial Counsel for the Government: Kathryn Patterson, JD.

Estate of Sidney Jack Martindale (Texas) Estate Tax Examination • Complex estate with complex business valuation issues. Family partnership formed in 1971. Taxable gifts over the years were not reported. Involved the valuation of the entity for every year from 1971 to and including 1999. All issues settled during the field examination. Representing the Government: Thomas L. Hicks, Attorney (Estate Tax).

Estate of Alfred E. Brauman (Texas) Estate Tax Examination. Family limited partnership established in 1988 to own and manage Dallas commercial real estate. Government dropped all technical issues after requesting and receiving a Technical Advice (at our recommendation) from the IRS national office. For the Government: John Connell, Attorney, Estate Tax.

Hayden O. and Vera K. Grona (Texas) Gift Tax Audit. Taxable gifts of a family limited partnership interest. Contested as to form, substance, and value. Remand by Appeals Officer to field officer for a proper development of the facts. Settled at second conference with Appeals Office, no change. Rambo examination. For the Government, Laurence Dwyer, JD, Appeals Officer, Southwest Region.

Estate of John Kriss – Estate Tax Audit (Kansas). A family limited partnership was formed and funded days before decedent’s death from leukemia. We were able to show Mr. Simonsen evidence that the partnership had been planned many months before decedent’s diagnosis of leukemia. Professional examination. Settled on a give and take basis. For the Government: Xavier Simonsen, JD, Attorney, Estate Tax (Kansas).

Estate of Elizabeth M. Humphrey • Gift and Estate Tax Examination, Evidence indicated that Mother wanted to keep her asset base intact for many years and to insure qualified succession of management (Sam and Helen Walton planning objectives). The assets of the partnership were predominately municipal bonds. Portfolio could not hold its principal value over an extended term of years. Motivation was not in contest. Value was the only issue. Fair settlement at the IRS Appeal level. For the government: Linda McKown, JD, Appeals Officer (Dallas).

Estate of E. Boswell Porter • Estate Tax Audit (Central Texas). Rambo audit by Donald Stauss for the Internal Revenue Service. Mixed farm/ranch land (active) and liquid assets. Settled several days before the Tax Court was to consider taxpayer’s motion for partial summary judgment. Taxpayer dies within 4 months of the formation of the partnership. Facts indicated that he was a director of a failed area bank and was very concerned with his exposure to liability. Medical opinion indicated that taxpayer’s cardiac and renal system were excellent at the time the partnership was formed. He was in fact in good health at that time and his death came as a surprise to all of us. Favorable results. Trial Counsel for the IRS: Gerald Brantley, JD.

Larry and Norma Price v. Commissioner, Gift tax audit (El Paso, Texas). Docket No. 18397-99, United States Tax Court Bonds and cash-only limited partnership. Gifts to children and a trust for a minor child of a second marriage. Form, substance, and value contested. Settled at a 39.5% valuation discount days before the case was to go to trial in the United States Tax Court. Trial Counsel for the IRS: Gerald Brantley, JD.

Robert Earl Washington, Plaintiff v. Texas Prison System, et al, Defendants, Civil Action No. SA-97-CA-758, In the United States District Court, For the Western District of Texas, San Antonio Division. Gibbs was appointed as special counsel by U. S. District Judge Orlando Garcia to try a civil rights case on behalf of Plaintiff Pro Se Washington. Civil rights violations were based on Farmer v. Brennan, 511 U. S. 825, 834, 114 S.Ct. 1970, 1977, 128 L. Ed. 2d 811 (1994). Bench trial. Trial Counsel for the Texas Prison System: Texas Attorney General.

Rabago, Ferne C. v. Commissioner (Docket No. 27311-07, Honolulu, Judge Kruppa) Income Tax Periods Ended 2003:2004:2005 – service pro bono. Settlement of complex income tax issues. Gary Lipetzky – IRS Appeals – Honolulu; Ned Sato – IRS Appeals – Seattle; Jonothan Ono, Trial Counsel for the Government, Honolulu.

Estate of Alma G. MacKenzie v. Commissioner, Docket No. 16899-08. This a San Diego case, strategically docketed in San Antonio that deals large, and very arbitrary adjustments, to the value of assets and Section 2036 issues. Lead Counsel for taxpayer is David Anderson of San Diego, California. Now Settled.