Charles B. and Teresa A. Thompson, et al. - Page 19

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          the covenant does not appear to have been the subject of                    
          negotiation.                                                                
               Based upon the above analysis, we hold that the noncompete             
          agreements had economic reality; the evidence on this point on              
          petitioners' behalf is overwhelming.                                        
          Value of the Noncompete Agreements                                          
               The parties each called expert witnesses to give their                 
          opinions about the value of the covenants.  As the trier of fact,           
          we must weigh the evidence presented by the experts in light of             
          their demonstrated qualifications in addition to all other                  
          credible evidence.  Estate of Christ v. Commissioner, 480 F.2d              
          171, 174 (9th Cir. 1973), affg. 54 T.C. 493 (1970).  However, we            
          are not bound by the opinion of any expert witness when that                
          opinion is contrary to our judgment.  Estate of Kreis v.                    
          Commissioner, 227 F.2d 753, 755 (6th Cir. 1955), affg. T.C. Memo.           
          1954-139; Chiu v. Commissioner, 84 T.C. 722, 734 (1985).  We may            
          accept or reject expert testimony as we find appropriate in our             
          best judgment.  Helvering v. National Grocery Co., 304 U.S. 282,            
          294-295 (1938); Seagate Tech., Inc. & Consol. Subs. v.                      
          Commissioner, 102 T.C. 149, 186 (1994).                                     
               a.  Respondent's Expert                                                
               Respondent's expert, Paul H. Meade, is a valuation engineer            
          for the Internal Revenue Service (IRS) and a registered                     
          professional engineer licensed in the State of Oklahoma.  He has            






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