Hospital Corporation of America and Subsidiaries - Page 80

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          requirements of other machinery.  See Piggly Wiggly S., Inc. v.             
          Commissioner, 84 T.C. 739, 750-753 (1985), affd. 803 F.2d 1572              
          (11th Cir. 1986); Texas Instruments, Inc. v. Commissioner, T.C.             
          Memo. 1992-306; Morrison, Inc. v. Commissioner, supra.                      
               Applying the foregoing general principles, we next consider            
          the appropriate individual categories for the disputed property             
          items.  Before we address the substantive issues, however, we               
          must decide an evidentiary matter which was raised at trial.                
               At trial, petitioners objected to the admission of portions            
          of the report prepared by respondent's expert, Steve Wilgus (Mr.            
          Wilgus), which petitioners contend contains legal conclusions.              
          Respondent contends that the contested materials do not                     
          constitute legal conclusions.  We took petitioners' objections              
          under advisement.                                                           
               Testimony of a witness qualified by knowledge, skill,                  
          experience, training, or education is admissible whenever that              
          scientific, technical or other specialized knowledge will assist            
          the trier of fact to understand the evidence or to decide a fact            
          in issue.  Fed. R. Evid. 702.  Testimony that expresses a legal             
          conclusion and does not assist the trier of fact is not                     
          admissible.  See Heflin v. Stewart County, Tenn., 958 F.2d 709,             
          715-716 (6th Cir. 1992); Davis v. Combustion Engg., Inc., 742               
          F.2d 916, 919 (6th Cir. 1984); Laureys v. Commissioner, 92 T.C.             
          101, 126-129 (1989); Weinstein's Federal Evidence, sec.                     





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