Hospital Corporation of America and Subsidiaries - Page 81

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          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.                                         




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