- 76 - to total sales show that the restaurants could not have had any unreported sales for the years in issue. The percentage markup figures upon which Shimmon relied represent an average of all grades of restaurants. Shimmon considered the restaurants in question to be medium-grade restaurants. Respondent contends that petitioners have failed to establish that respondent's determination was erroneous. Respondent maintains that the source of the Takaos' unexplained cash deposits was unreported gross receipts from Toraya. Respondent argues that the Court should give little weight to Shimmon's testimony, because his conclusions were based on computerized records that are not in the record; thus, his calculations cannot be verified. We weigh expert testimony in light of the expert's qualifications as well as all the other credible evidence in the record. Estate of Newhouse v. Commissioner, 94 T.C. 193, 217 (1990). We are not bound by the opinion of any expert witness, and we will accept or reject that expert testimony when, in our best judgment based on the record, it is appropriate to do so. Id.; Chiu v. Commissioner, 84 T.C. 722, 734 (1985). While we may choose to accept the opinion of one expert in its entirety, Buffalo Tool & Die Manufacturing Co. v. Commissioner, 74 T.C. 441, 452 (1980), we may also be selective in the use of any portion of that opinion, Parker v. Commissioner, 86 T.C. 547, 562 (1986).Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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