Trans City Life Insurance Company, an Arizona Corporation - Page 43

                                       - 43 -                                         
          480 F.2d 171, 174 (9th Cir. 1973), affg. 54 T.C. 493 (1970);                
          IT&S of Iowa, Inc. v. Commissioner, 97 T.C. 496, 508 (1991);                
          Parker v. Commissioner, 86 T.C. 547, 561 (1986).  We are not                
          bound by an expert’s opinion, especially when it is contrary to             
          our own judgment.  Orth v. Commissioner, 813 F.2d 837, 842                  
          (7th Cir. 1987), affg. Lio v. Commissioner, 85 T.C. 56 (1985);              
          Silverman v. Commissioner, 538 F.2d 927, 933 (2d Cir. 1976),                
          affg. T.C. Memo. 1974-285; Estate of Kreis v. Commissioner,                 
          227 F.2d 753, 755 (6th Cir. 1955), affg. T.C. Memo. 1954-139.               
          If we believe it is appropriate to do so, we may adopt an                   
          expert’s opinion in its entirety, or we may reject it in its                
          entirety.  Helvering v. National Grocery Co., 304 U.S. 282,                 
          294-295 (1938); see Buffalo Tool & Die Manufacturing Co. v.                 
          Commissioner, 74 T.C. 441, 452 (1980).  We may also choose to               
          adopt only parts of an expert’s opinion.  Parker v. Commissioner,           
          supra at 562.                                                               
               We find the opinion of Ms. Wallace to be most helpful in               
          resolving the issues presented herein, and we rely heavily on it            
          in making our findings and reaching our conclusions.  Ms.                   
          Wallace’s testimony and reasoning were more clear, coherent, and            
          persuasive than those of her counterparts; namely, Messrs. Sayre,           
          Turnquist, and Beardsley.  We are unpersuaded by, and generally             
          do not rely on, the opinions of Messrs. Sayre, Turnquist, and               
          Beardsley in making our findings or in reaching our conclusions.            
          We find the opinions of Messrs. Sayre and Turnquist to be                   
          inconsistent and problematic, and we generally find that their              





Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011