Andantech L.L.C., Wells Fargo Equipment Finance, Inc. (f.k.a. Norwest Equipment Finance, Inc.), Tax Matters Partner, and Wells Fargo & Co., A Partner Other Than the Tax Matters Partner, et al. - Page 107




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          Reasonable people can differ.   Many of the experts agreed that               
          “residual value forecasting is more an art than a science” (and               
          that forecasting computer residual values was similar to predicting           
          the stock market).                                                            
               We are not bound by the opinion of any expert witness when               
          that opinion is contrary to our own judgment.  Chiu v.                        
          Commissioner, 84 T.C. 722, 734 (1985).  We may accept or reject               
          expert testimony as we, in our best judgment, deem appropriate.               
          Helvering v. Natl. Grocery Co., 304 U.S. 282 (1938); Silverman v.             
          Commissioner, 538 F.2d 927, 933 (2d Cir. 1976), affg. T.C. Memo.              
          1974-285.  On the basis of our analysis of the transaction, and the           
          methods of evaluation employed by each expert, we find that                   
          petitioners’ experts overvalued the residual value of the equipment           
          and that respondent’s experts undervalued it.                                 
               Petitioners’ experts posit that several unforeseen factors               
          resulted in RD Leasing’s failure to realize the projected residual            
          values of the computers: (1) The introduction and commercial                  
          success of a new technology by IBM, called CMOS21 (complementary              
          metal oxide semiconductor), and IBM’s failure to provide a “path”             
          by which existing mainframes could be upgraded; (2) IBM’s                     


               21   CMOS processors had the following advantages:  they                 
          cost less than 25 percent of the list price of IBM’s older                    
          mainframes; they required substantially less floor space; they                
          did not require dedicated environmental support (i.e., they were              
          air cooled instead of water cooled); they could be maintained for             
          50 percent less than older machines; and they could be configured             
          to process data in less time.                                                 




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