Allen M. Glick - Page 12

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               In addition to the subdivision plans, Mr. Flint prepared a             
          detailed report analyzing the development potential of the                  
          Property.  Mr. Flint's report includes an extensive soil analysis           
          of the Property, as well as a summary of discussions with                   
          Framingham town officials and consultants regarding the                     
          development of the Property's sewer system.  Mr. Flint's revised            
          subdivision plan shows that the Property could be subdivided into           
          107 house lots.8                                                            
               Before turning to an analysis of the divergent expert                  
          opinions, we note that, as the trier of fact, the Court must                
          weigh the evidence presented by the experts in light of their               
          demonstrated qualifications in addition to all other credible               
          evidence.  Estate of Christ v. Commissioner, 480 F.2d 171, 174              
          (9th Cir. 1973), affg. 54 T.C. 493 (1970).  However, we are not             
          bound by the opinion of any expert witness when that opinion is             
          contrary to our judgment.  Estate of Kreis v. Commissioner, 227             
          F.2d 753, 755 (6th Cir. 1955), affg. T.C. Memo. 1954-139; Chiu v.           
          Commissioner, 84 T.C. 722, 734 (1985).  Rather, we may accept or            
          reject expert testimony as we find appropriate in our best                  
          judgment.  Helvering v. National Grocery Co., 304 U.S. 282, 294-            
          295 (1938); Seagate Tech., Inc. & Consol. Subs. v. Commissioner,            
          102 T.C. 149, 186 (1994).  Moreover, even if we accept the                  
          general methodology of an expert witness, we may reject that                

               8Mr. Flint's original subdivision plan contained only 96               
          house lots.                                                                 




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