Lynnda Speer, Donor, et al. - Page 24

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          for 1 percent of gross profits, HSN had not begun operations.               
          The amount of the license fees was contingent upon the success of           
          HSN and, thus, was quite uncertain.  Televised home shopping was            
          a new business outside the Tampa Bay area.  The shareholders of             
          HSC viewed HSN as a risky venture.  Even Mr. Speer and Mr.                  
          Paxson, while hopeful, were unsure whether the concept of home              
          shopping, which had just started to become successful in a local            
          market, would catch on nationwide.  In fact, HSN performed poorly           
          during its first couple of months of operation.  The ultimate               
          success of HSN was beyond the wildest expectations of Mr. Speer             
          and Mr. Paxson.                                                             
               Both parties presented expert testimony as to the value of             
          the Local Software as of June 21, 1985, the date of the License             
          Agreement.  While expert opinions can assist the Court in                   
          evaluating a claim, we are not bound by the opinion of any expert           
          witness and may reach a decision based on our own analysis of all           
          the evidence in the record.  Helvering v. National Grocery Co.,             
          304 U.S. 282, 295 (1938); Silverman v. Commissioner, 538 F.2d               
          927, 933 (2d Cir. 1976), affg. T.C. Memo. 1974-285.                         
               Robert F. Reilly, petitioners’ expert,10 utilized several              
          approaches to valuing the Local Software.  First, he attempted to           
          perform a market analysis but concluded that there were no                  
          available “off-the-shelf” computer software packages that were              


          10Petitioners also presented the report of Lawrence H.                      
          Putnam, Sr., as an expert rebuttal report.                                  




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