- 10 - the dividend-paying capacity; whether or not the enterprise has goodwill or other intangible value; and the size of the block of stock to be valued. Rev. Rul. 59-60, 1959-1 C.B. at 238-239. Both experts considered these and other factors in examining ZSI and in constructing their respective appraised value.7 Nevertheless, petitioner’s analysis of the factors and of ZSI’s worth yielded a value nearly half that which respondent’s appraisal yielded.8 The parties identified, and the Court 7The Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726, added sec. 7491(a), which is applicable to court proceedings arising in connection with examinations commencing after July 22, 1998. Under sec. 7491, Congress requires the burden of proof to be placed on the Commissioner, subject to certain limitations, where a taxpayer introduces credible evidence with respect to factual issues relevant to ascertaining the taxpayer’s liability for tax. In the instant case, petitioners have not raised the application of this provision or otherwise argued that respondent bears the burden of proof in this case. Further, the record indicates that the Commissioner’s examination commenced before July 22, 1998. In any event, both parties adduced testimony and offered exhibits in support of their respective positions, and the evidence so introduced, though sparse, was not equally compelling. Accordingly, we have based our conclusion upon the preponderance of the evidence and not upon any allocation of the burden of proof. See Estate of Harper v. Commissioner, T.C. Memo. 2002- 121. 8Petitioner contends we should accept his expert’s testimony because his expert is significantly more experienced than respondent’s expert. As our discussion indicates, our conclusion turns on factual disputes and reflects our finding that petitioner’s conclusions regarding disputed factual issues are not grounded on credible evidence. An expert, no matter how skilled, can only work with the factual record he is given by his client or obtains through his own efforts. In this case, petitioner’s expert relied primarily on petitioner’s unsupported opinion regarding the disputed factual matters.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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