- 26 - testimony, and petitioner’s counsel used this opportunity effectively. Permitting Lewis to testify as an expert did not prejudice petitioner in any way. Cf. Chagra v. Commissioner, T.C. Memo. 1991-366 (taxpayers' motion to strike expert testimony was granted because taxpayers did not have access to the Commissioner's expert's conclusions and their underlying bases before trial), affd. without published opinion 990 F.2d 1250 (2d Cir. 1993). Petitioner cites Smith v. Ford Motor Co., 626 F.2d 784 (10th Cir. 1980), in which the U.S. Court of Appeals for the Tenth Circuit concluded that the defendant had been prejudiced by expert testimony. In Smith, the plaintiff failed to provide adequate advance information about proposed testimony of a medical expert witness, and the plaintiff elicited testimony from the witness that was outside the scope of the plaintiff's description of his proposed testimony. Defendant's counsel had only 11 minutes to prepare for cross-examination of the expert witness. Id. at 791 n.3. In contrast, as discussed above, long before trial, petitioner’s expert and petitioner’s counsel were thoroughly familiar with the items that we treated as Lewis’ expert report, and petitioner was not prejudiced by the admission of Lewis' expert testimony or expert report. ii. Lewis’ Conclusions Lewis and Graham said that the foundation of petitioner's house was structurally sound and could be repaired by injectingPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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