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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.
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