Tom G. Murphy v. Commissioner Internal Revenue

8 F.3d 28 73 A.F.T.R.2d 94 -418 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tom G. MURPHY, Petitioner-Appellant, v. COMMISSIONER INTERNAL REVENUE, Respondent-Appellee. No. 92-70108. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1993. Decided Oct. 5, 1993. Before: WALLACE, Chief Judge; and D.W. NELSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 * Murphy acquired a seven-and-one-half foot tall sculpture of John Wayne from the artist, Brett Livingstone Strong. In December 1985, Murphy donated the John Wayne sculpture to Lubbock Christian College. Murphy procured a list of qualified appraisers from the IRS, and obtained an appraisal of the sculpture from one of the appraisers on the list, Bernard Ewell, a senior member of the American Society of Appraisers. Ewell appraised the sculpture at $500,000, based in part on the notoriety of the piece and in part on information regarding other commissions that Ewell had received from the artist.…