- 12 - Petitioners argue that Stan Lee used this "better data" and computed Hamalee's gross profit percentages at the amounts that petitioners ask us to find. We are unpersuaded. In addition to the fact that petitioners have failed to convince us that respondent's method of computation was less accurate than petitioners' "better method", we bear in mind that Hamalee's cash sales accounted for a large portion of its total sales and that most of Hamalee's cash sale invoices were destroyed. Thus, even if we were to agree with petitioners that the use of Hamalee's actual data was the better method for computing its gross profit percentages, we could not have applied the "better method" in the case at hand because the record contains insufficient data. We also were not impressed with the presentation of Stan Lee, and we view most of his conclusions to be unpersuasive. His testimony and report lacked coherence, and they were not helpful to the Court. His conclusions were partially based on Hamalee's sales invoices, which did not include the ones that were destroyed, and he reviewed only a fraction of the already incomplete records to arrive at his conclusions. We need not follow an expert's conclusions that are contrary to our better judgment, see, e.g., Helvering v. National Grocery Co., 304 U.S.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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