- 64 - 704.04[2][a], at 704-10-704-11 (2d ed. 1997); see also Fed. R. Evid. 701, 702; Snap-Drape, Inc. v. Commissioner, 98 F.3d 194, 197-198 (5th Cir. 1996), affg. 105 T.C. 16 (1995); Berry v. City of Detroit, 25 F.3d 1342, 1353-1354 (6th Cir. 1994); Molecular Tech. Corp. v. Valentine, 925 F.2d 910, 919 (6th Cir. 1991); Adalman v. Baker, Watts & Co., 807 F.2d 359, 365-368 (4th Cir. 1986).43 We conclude that Mr. Wilgus' report states legal conclusions applying law to facts and that those legal conclusion are not helpful to the Court. Consequently, we disregard them.44 Additionally, in support of their respective positions, the parties presented expert testimony at trial and in reports concerning the nature of the disputed property items. Expert testimony may be in the form of an opinion or in the expression of a dissertation or exposition of scientific or other principles relevant to the case, which the finder of fact may apply to the facts. Fed. R. Evid. 702, advisory comm. note, 28 U.S.C. App. at 8871 (1994). Opinion testimony of an expert not supported by an adequate foundation of relevant facts, data, or opinions, however, is inadmissible conjecture or speculation. See Randolph 43 See also Estate of Carpenter v. Commissioner, T.C. Memo. 1993-97. 44 See also Shoney's S., Inc. v. Commissioner, T.C. Memo. 1984- 413 n.2, wherein we also disregarded legal conclusions contained in a report prepared by Mr. Wilgus.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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