- 29 - Lindstrom's statements of his opinion and the basis for it were reasonable and persuasive, and we rely heavily on his expert report and testimony in making our finding of fact regarding valuation. Grossman did not specifically value the Sentinel EPE Recycler. However, Grossman concluded that existing technology was available that provided equivalent capability of recycling polyethylene. We found Grossman to be an impressive witness, and we also rely heavily on his expert report and testimony in making our finding of fact regarding valuation. We have found as an ultimate fact that the Sentinel EPE recycler purchased by petitioner in 1981 did not have a fair market value at that time in excess of $50,000.7 Having so found, it follows that the adjusted basis of the Sentinel EPE recycler claimed by petitioner on his returns is by definition overstated within the meaning of section 6662(e). 2. The Sentinel EPS Recyclers In order to establish the fair market value of the Sentinel EPS recyclers, respondent also presented the testimony and expert witness reports of Grossman and Lindstrom. 7 We observe that our finding is consistent with the finding in Provizer v. Commissioner, T.C. Memo. 1992-177, affd. without published opinion 996 F.2d 1216 (6th Cir. 1993), regarding the fair market value of the Sentinel EPE recycler.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011