- 15 - on the value of Eatel under a “two company analysis used by us [C & A] as an additional check on value.” Petitioner argues that it must prevail in this case because respondent did not call an expert to contradict Mr. Chaffe’s testimony. We disagree. Petitioner must prove that respondent's determination of the subject values is incorrect.11 Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The fact that respondent did not call an expert at trial to support her determination does not mean that petitioner has met its burden of proof. Although Mr. Chaffe testified as an expert in this case on petitioner’s behalf, we will not follow his opinion if it is contrary to our judgment. We may adopt or reject his opinion in its entirety, if we believe it appropriate to do so, or we may select the portions of his opinion that we choose to adopt. Sartor v. Arkansas Natural Gas Corp., 321 U.S. 620, 627-628 (1944); Helvering v. National Grocery Co., supra at 294-295; Corpus Christi Oil & Gas Co. v. Zapata Gulf Marine Corp., 71 F.3d 198, 204 (5th Cir. 1995); Dixon v. International Harvestor Co., 754 F.2d 573, 580 (5th Cir. 1985); Parker v. Commissioner, 86 T.C. 547, 562 (1986). 11 Petitioner has implied throughout this proceeding that respondent’s determination is invalid because it is not supported by an appraisal. Although petitioner did not argue this issue on brief, we note in passing that we disagree. This argument has previously been considered by the Court, and we have rejected it. See, e.g., Brigham v. Commissioner, T.C. Memo. 1992-413; see also Tripp v. Commissioner, 337 F.2d 432, 434-435 (7th Cir. 1964), affg. T.C. Memo. 1963-244.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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