- 26 - Expert Witness Reports Cascade submitted an expert witness report that analyzed the contract terms and amounts paid Lea and concluded that the 1982 agreement was reasonable. Respondent submitted an expert witness report to rebut the conclusions of Cascade's expert witness. Expert witness testimony is appropriate to help the Court understand an area requiring specialized training, knowledge, or judgment. See Fed. R. Evid. 702; Snyder v. Commissioner, 93 T.C. 529, 534 (1989). The Court, however, is not bound by an expert's opinion. We weigh an expert's testimony in light of his or her qualifications and with respect to all credible evidence in the record. Depending on what we believe is appropriate under the facts and circumstances of the case, we may either reject an expert's opinion in its entirety, accept it in its entirety, or accept selective portions of it. 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). Cascade's expert witness identified guideline transactions comparable to the one between Cascade and Lea. Comparability of the transactions was determined by either similarity of product, similarity of manufacturing process, similarity of markets, or similarity of components and/or technology. In these guideline transactions, the amounts paid for the patent or process range from 1 to 7 percent of sales, and the mode is 5 percent.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011