- 57 - Respondent's expert witness is a forensic psychiatrist. He has published on the subject of brain tumors. He reviewed all of the reports of petitioners' expert witnesses, and he reviewed information obtained from Elvin's coworkers, associates, and friends. He met with Elvin, and he observed the testimony of all of the witnesses at trial. Respondent's expert witness testified that because brain tissue does not regenerate, if it is destroyed, it will not grow back. Consistent therewith, he testified that if deficiencies in Elvin's judgment and behavior existed during the years in issue because of damage the tumor had done to Elvin's brain, those deficiencies would not disappear upon removal of the tumor. He opined that, because Elvin does not today suffer from a defect in reasoning or judgment that impairs his ability to manage his very successful automobile dealership, to make business decisions, and to understand his responsibility to pay his Federal income taxes, during the years in issue Elvin did not suffer from any such defect. Respondent's expert witness opined that in light of all of the evidence of Elvin's past and present behavior, Elvin's brain tumor, during the years in issue, did not impair Elvin's judgment as to financial and tax matters. He opined that Elvin was competent and was not mentally impaired during the years in issue.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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