- 94 - Another factor in determining whether a particular transaction was a sham is the presence or absence of arm's-length price negotiations and the relationship between the price and fair market value. See Helba v. Commissioner, 87 T.C. 983, 1005 (1986), supplemented by T.C. Memo. 1987-529, affd. 860 F.2d 1075 (3d Cir. 1988); see also Karme v. Commissioner, 73 T.C. 1163, 1186-1190 (1980), affd. 673 F.2d 1062 (9th Cir. 1982). In deciding such issues, courts often look to expert opinions. The Court is not bound by the opinion of any expert, and we may accept or reject in full or in part experts' opinions proffered by the parties. See Helvering v. National Grocery Co., 304 U.S. 282, 294-295 (1938); Seagate Tech., Inc., & Consol. Subs. v. Commissioner, 102 T.C. 149, 186 (1994); Parker v. Commissioner, 86 T.C. 547, 562 (1986). Both petitioner and respondent offered the reports and testimony of various expert witnesses in an effort to establish an arm's-length price that petitioner could have obtained for the coverage provided by NUF and OPL. Respondent offered the expert report of Mr. Kelley for the purpose of proving that, within the insurance industry, the arm's-length price that petitioner could have obtained for coverage associated with petitioner's excess value activity would have been substantially less than 25 cents per $100 of excess value. Mr. Kelley has in excess of 30 years of experience buyingPage: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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