Nick and Helen Kikalos - Page 21

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               We have found Dr. Rossi's report helpful in a number of                
          respects.  The other evidence produced at trial regarding                   
          petitioners' prices for the years in issue is generally vague,              
          anecdotal, and, because it often relates to years other than                
          those in issue, somewhat irrelevant.  Dr. Rossi's report provides           
          a useful structure for obtaining a meaningful analysis of the               
          information before us.  In particular, we accept Dr. Rossi's                
          division of petitioners' product lines into three categories;               
          these divisions each display similar pricing and marketing                  
          characteristics.  We also accept his estimation of each such                
          category's percentage of total sales.  Respondent contends that             
          Dr. Rossi's percentages do not agree exactly with other figures             
          for the year 1992 prepared by petitioners' accountants.  Dr.                
          Rossi's percentages, however, find sufficient support in the                
          testimony of petitioners' witnesses.  For each of the years in              
          issue, beer accounted for approximately 42 percent of sales, wine           
          and liquor accounted for 22 percent, cigarettes accounted for 33            
          percent, and miscellaneous items accounted for the remaining 3              
          percent.  We additionally accept Dr. Rossi's assertion that an              
          analysis of data for 1991, the middle of the years at issue,                
          generally is applicable to the other 2 years as well.  Neither              
          party has shown a basis for concluding otherwise.  Finally, we              
          believe that Dr. Rossi's understanding of Nick's Liquors' methods           
          of doing business, and the competitive environment for that                 






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