- 9 - Respondent presented the testimony of Robert O’Rear (Mr. O’Rear). Mr. O’Rear has a B.S. in forestry and has taken at least two valuation classes. His 30 years of work experience include appraising timber, timberland, cropland, and forest plantations. He prepared an expert report in accordance with Rule 143(f), and respondent identified Mr. O’Rear as a witness in his pretrial memorandum. Mr. O’Rear’s professional training and work experience qualify him as an expert to value DP for estate tax purposes. Each party urges us to reject the other party’s expert’s opinions. We may, however, accept or reject the opinion of an expert in its entirety, or we may be selective in the use of any portion thereof. Estate of Davis v. Commissioner, supra at 538; Parker v. Commissioner, 86 T.C. 547, 562 (1986); Buffalo Tool & Die Manufacturing Co. v. Commissioner, 74 T.C. 441, 452 (1980). Stated differently, we decide, as the trier of fact, the weight afforded any witness’s testimony, and we are not compelled to accept any testimony even if it is uncontradicted. McGraw v. Commissioner, 384 F.3d 965, 972 (8th Cir. 2004), affg. Butler v. Commissioner, T.C. Memo. 2002-314; Paul E. Kummer Realty Co. v. Commissioner, 511 F.2d 313, 315 (8th Cir. 1975), affg. T.C. Memo. 1974-44.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011