Walter L. Gross, Jr., and Barbara H. Gross - Page 17




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          Federal Rules of Evidence, the trial judge must ensure that any              
          and all scientific testimony or evidence admitted is not only                
          relevant, but is also reliable).  Petitioners further argue that             
          neither Dr. Bajaj's underlying data nor his empirical analysis               
          has been published or otherwise submitted for peer review by the             
          appraisal profession.  Finally, petitioners argue that, in part,             
          the data Dr. Bajaj relied upon was not available in 1992, and,               
          therefore, a willing and knowledgeable buyer and seller could                
          not, at that time, be expected to have relied on Dr. Bajaj's                 
          marketability discount analysis in arriving at a fair market                 
          value determination of G&J's stock.  Petitioners cite Estate of              
          Newhouse v. Commissioner, 94 T.C. 193 (1990), and Estate of                  
          Mueller v. Commissioner, T.C. Memo. 1992-284, as authority for               
          the proposition that we must reject Dr. Bajaj's new data and                 
          empirical analysis as a matter of law.  We disagree.                         
               In Daubert v. Merrell Dow Pharm. Inc., supra at 585-587, the            
          Supreme Court held that the "general acceptance" test, the                   
          dominant standard for determining the admissibility of novel                 
          scientific evidence at trial, was superseded by the adoption of              
          the Federal Rules of Evidence.  Fed. R. of Evid. 702 reads:                  
                    If scientific, technical, or other specialized                     
               knowledge will assist the trier of fact to understand                   
               the evidence or to determine a fact in issue, a witness                 
               qualified as an expert by knowledge, skill, experience,                 








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