- 48 - present purposes, as a measure of the degree to which two variable, but consistently constituted, quantities tend to change with respect to each other and not as a measure of the degree to which two inconsistently constituted quantities change with respect to each other. Essentially, Dr. Seago has not persuaded this Court that the strong correlation between sales and shrinkage derived from the 10-year correlation analysis is the product of the true relationship between sales and shrinkage and not the product of the confluence of varying LIFO pool attributes. Dr. Seago has failed to explain that apparently fundamental flaw in the 10-year correlation analysis. That is not to say that we would never accept statistical analyses demonstrating a correlation between sales and shrinkage; that is only to say that Dr. Seago, in this case, has simply failed to prove the significance of the correlation derived from the 10-year correlation analysis.9 Dr. Seago recognizes that an 9 It should be noted that, in Kroger Co. & Subs. v. Commissioner, T.C. Memo. 1997-2, we stated: Although we accept Dr. Bates' opinion as to the correlation between sales and shrinkage at the business level, and we are impressed by Dr. Bates' sales-based accuracy analysis, we are hesitant to rest our conclusion as to the accuracy of the retailers' shrinkage method on a correlation whose significance we may not fully appreciate. * * * Similarly, in this case, although we accept Dr. Seago's opinion that the data he examined in the 10-year correlation analysis revealed a strong correlation, Dr. Seago has not demonstrated the (continued...)Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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