- 63 - 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.Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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