- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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