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equating petitioner’s gain with the total amount of the consideration
paid by H�agen-Dazs in the purchase and sale transaction.
Petitioner submitted an expert witness report that valued
Arnold’s share of MIC as an ongoing business prior to the June 15
transfer at $141,000. Rudolph Bergwerk, a certified public
accountant, prepared the report for petitioner. Expert opinions can
aid the Court in understanding an area of specialized training,
knowledge, or judgment, such as valuation. Perdue v. Commissioner,
T.C. Memo. 1991-478. While we may accept an expert’s opinion in its
entirety, Buffalo Tool & Die Manufacturing Co. v. Commissioner, 74
T.C. 441, 452 (1980), we are not bound to do so, Silverman v.
Commissioner, supra, and may selectively use any portion of the report
and testimony in determining fair market value of property, IT&S of
Iowa, Inc. v. Commissioner, 97 T.C. 496, 508 (1991); Parker v.
Commissioner, 86 T.C. 547, 562 (1986).
Respondent urges the Court to reject Mr. Bergwerk’s report in its
entirety on the ground that he was a “hired gun”. Cf. Estate of
Mueller v. Commissioner, T.C. Memo. 1992-284. Experts are not
supposed to be “hired guns”; they lose their usefulness and
credibility to the extent to which they become mere advocates for the
side that hired them. Estate of Halas v. Commissioner, 94 T.C. 570,
577 (1990); Buffalo Tool & Die Manufacturing Co. v. Commissioner,
supra at 452.
Mr. Bergwerk is a certified public accountant who had an ongoing
professional relationship with petitioner as petitioner’s tax return
preparer from 1982 through 1985. Mr. Bergwerk prepared personal
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