- 75 - Conversely, respondent argues that any projected future over lease residual rental income must be discounted to its present value as of September 28, 1995. Respondent also argues that the value of the residual interests must be commensurate with or in some way reasonably proportionate to petitioner’s claimed potential tax benefits from the second lease strip deal. In our consideration of the experts’ opinions we may accept or reject expert testimony, in whole or in part. Helvering v. Natl. Grocery Co., 304 U.S. 282, 295 (1938); Silverman v. Commissioner, 538 F.2d 927, 933 (2d Cir. 1976) (and cases cited thereat), affg. T.C. Memo. 1974-285. i. Petitioner’s Expert Svoboda was asked to provide an opinion as to the fair market values, as of September 28, 1995, of the underlying K-Mart photo processing and Shared computer equipment. He also estimated the future residual values for the K-Mart and Shared equipment when (1) the existing or prior lease of that equipment terminated, and (2) the over lease residual interest periods began. Svoboda also determined the fair market value, as of September 28, 1995, of petitioner’s over lease residual interests in the K-Mart and Shared equipment. For purposes of his appraisal, Svoboda added to the classical definition of “fair market value” the assumption that the buyer and seller contemplate the retention of the properties by the current end-Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
Last modified: May 25, 2011