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Harrison & Sons, Inc. v. Commissioner, T.C. Memo. 2003-239.
Here, petitioner has not argued the application of section 7491
nor established that it satisfied the requirements in section
7491. Nevertheless, we decide this case on the preponderance of
the evidence, and therefore it is unaffected by section 7491.
See Blodgett v. Commissioner, 394 F.3d 1030, 1035 (8th Cir.
2005), affg. T.C. Memo. 2003-212.
III. Expert Testimony
Leonard J. Sliwoski, C.P.A., Ph.D, testified at trial as an
expert witness on petitioner’s behalf. William C. Herber,
C.B.A., testified at trial as an expert witness on respondent’s
behalf. At trial, the parties orally stipulated the
qualifications of both Dr. Sliwoski and Mr. Herber. Opinion
testimony of an expert is admissible if it assists the trier of
fact in understanding evidence that will determine a fact in
issue. See Fed. R. Evid. 702. We decide, as the trier of fact,
the weight afforded a witness’s testimony, and we are not
compelled to accept any testimony even when it is uncontradicted.
See 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.
IV. Evidentiary Issue
Petitioner requests that judicial notice be taken of the
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