Estate of Alice Friedlander Kaufman - Page 21




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          proper regard to all other credible evidence in the record.  See            
          Ebben v. Commissioner, 783 F.2d 906, 909 (9th Cir. 1986), affg.             
          in part and revg. in part on another issue T.C. Memo. 1983-200;             
          Estate of Christ v. Commissioner, 480 F.2d 171, 174 (9th Cir.               
          1973), affg. 54 T.C. 493 (1970).  We may accept or reject an                
          expert's opinion in toto, or we may pick and choose the portions            
          of the opinion which we choose to adopt.  See Helvering v.                  
          National Grocery Co., 304 U.S. at 294-295; Silverman v.                     
          Commissioner, 538 F.2d 927, 933 (2d Cir. 1976), affg. T.C. Memo.            
          1974-285; Parker v. Commissioner, 86 T.C. 547, 562 (1986); see              
          also Pabst Brewing Co. v. Commissioner, T.C. Memo. 1996-506.                
          The mere fact that the position of one party may be unsupported             
          by expert testimony does not necessarily mean that the other                
          party's position that is so supported will prevail.  See Estate             
          of Scanlan v. Commissioner, supra.                                          
               Mr. Tack's reports do not persuade us that the value of the            
          estate's stock was the amount stated therein.  He relied                    
          repeatedly on the unverified representations of Seminole's                  
          management, and we are unable to verify the accuracy or                     
          completeness of those representations.  He also relied on faulty            
          assumptions to arrive at his value, neglected to analyze key                
          indicia of value (including Seminole's certificate of                       
          incorporation and bylaws), and assumed erroneously that the sales           
          by Mr. Hoffman and Ms. Branch were at arm's length.  Mr. Tack               
          took into account the price at which Mr. Hoffman and Ms. Branch             




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