Leon S. Malachinski - Page 10




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               failure to comply with the provisions of this                          
               paragraph, unless the failure is shown to be due to                    
               good cause and unless the failure does not unduly                      
               prejudice the opposing party, such as by significantly                 
               impairing the opposing party’s ability to cross-examine                
               the expert witness * * *.                                              
               Petitioner has not shown that the failure of Ms. Marsh’s               
          report to include the facts, data, and analysis that underlie her           
          opinion is due to good cause.  Moreover, we believe that                    
          permitting direct testimony in addition to that submitted in the            
          report would have unduly prejudiced respondent’s ability to                 
          cross-examine Ms. Marsh.  We accordingly sustain respondent’s               
          objection.  Petitioner’s expert’s direct testimony is restricted            
          to the material contained in the expert report.                             
               In rebuttal to Ms. Marsh’s report, respondent presented the            
          report and testimony of James M. Davidson, an employee of the IRS           
          who is also a certified document examiner.  Mr. Davidson works at           
          respondent’s National Forensic Laboratory in Chicago.  He is a              
          member of the American Society of Questioned Document Examiners             
          and has been certified by the American Board of Forensic Document           
          Examiners.  Mr. Davidson compared the signature on the consent to           
          26 known exemplars of petitioner’s signature.  Mr. Davidson                 
          determined that the exemplars fell into three groups:  13 were              
          quickly written abbreviated last names; 10 were formally written            
          with distinct letter definition, and three were shortened,                  
          quickly written signatures.  Mr. Davidson found exemplars in the            






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