CMA Consolidated, Inc. & Subsidiaries, Inc. - Page 109

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               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-             






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