- 23 - Industry”.7 The Parsons OMT Report was based on a review of 213 OMT returns that represented about 80 percent of the total OMT paid from 1968 to 1980. The mining operators which filed those returns had about 68 percent of Ontario’s mineral production during that period. William J. Hallett (Hallett) was respondent’s expert. He testified about the OMT returns that Parsons analyzed. Parsons prepared a memorandum that rebutted parts of Hallett’s testimony. We are not bound by the opinion of any expert witness, and we may accept or reject expert testimony exercising our sound judgment. Helvering v. National Grocery Co., 304 U.S. 282, 295 (1938); Fitts’ Estate v. Commissioner, 237 F.2d 729, 732-733 (8th Cir. 1956), affg. T.C. Memo. 1955-269; IT & S of Iowa, Inc. v. Commissioner, 97 T.C. 496, 508 (1991). 3. Petitioner's Study of OMT Taxpayers Respondent concedes that the Parsons OMT Report included a representative cross-section of OMT taxpayers. Only one significant taxpayer did not give its OMT tax returns to Parsons for the study. Respondent's expert stated that this taxpayer's information would not have materially changed the results of the 7Kumara Rachamalla was petitioner’s other expert. Respondent objected to our consideration of his report and testimony. Canadian law precluded him from revealing the data upon which he based his opinion and answering questions about this data on cross-examination. He agreed with Parsons’ conclusion in every material aspect. However, we have not considered his report or testimony in deciding this case.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011