Lowell L. and Marilyn A. Robertson - Page 59




                                       - 59 -                                         
             during the first trial in this case.  Our opinion sustain-               
             ing respondent's determination of the additions to tax                   
             would be the same whether we accept the subject testimony                
             in evidence or not.  However, we find the report and                     
             testimony of each of petitioners' "experts" during the                   
             second trial, Mr. Raynault and Professor Mundstock, to                   
             lack the objectivity and credibility which we expect from                
             experts who testify in this Court.  Both witnesses became                
             advocates for the position argued by petitioners in their                
             reports and testimony, and we find them to be of no                      
             assistance in making our findings of fact in this case.                  
             In this situation, we agree with respondent that the                     
             reports and testimony should not be received in evidence.                
             See Snap-Drape, Inc. v. Commissioner, 105 T.C. 16, 20                    
             (1995), affd. 98 F.3d 194 (5th Cir. 1996); Laureys v.                    
             Commissioner, 92 T.C. 101, 122-129 (1989).                               

             Rule 155 Computation                                                     
                  As amended by an order of the Court, Robertson I                    
             directed that the Court's decision be entered under Rule                 
             155.  In due course thereafter, respondent filed                         
             respondent's computation for entry of decision under Rule                
             155, and petitioners filed petitioners' objection to entry               
             of respondent's decision under Rule 155.  Both parties also              
             filed memoranda setting forth their positions.                           





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