Neonatology Associates, P.A., et al - Page 70




                                               - 70 -                                                  
                  Mr. Jaffe helped us minimally.25  He admitted at trial that                          
            he works with Commonwealth in its everyday business operation,                             
            including helping it develop an innovative term life insurance                             
            product and rendering critical advice to it on an unrelated                                
            litigation matter.  An expert witness loses his or her                                     
            impartiality when he or she is too closely connected with one of                           
            the parties.  See, e.g., Estate of Kaufman v. Commissioner, supra                          
            (the Commissioner’s expert was inherently biased because he was                            
            the Commissioner’s employee).  An expert witness also is                                   
            unhelpful when he or she is merely a biased spokesman for the                              
            advancement of his or her client’s litigating position.  When we                           
            see and hear an expert who displays an unyielding allegiance to                            
            the party who is paying his or her bill, we need not and                                   
            generally will not hesitate to disregard that testimony as                                 
            untrustworthy.  See Estate of Halas v. Commissioner, 94 T.C. 570,                          
            577 (1990); Laureys v. Commissioner, 92 T.C. 101, 129 (1989); see                          
            also Jacobson v. Commissioner, T.C. Memo. 1989-606 (when experts                           
            act as advocates, “the experts can be viewed only as hired guns                            
            of the side that retained them, and this not only disparages                               
            their professional status but precludes their assistance to the                            
            Court in reaching a proper and reasonably accurate conclusion”).                           

                  25 In addition to the reasons stated infra, Mr. Jaffe’s                              
            knowledge of critical facts was generally influenced by his                                
            relationship with Commonwealth, he relied incorrectly on                                   
            erroneous data to reach otherwise unsupported conclusions, and he                          
            concededly did not review all pertinent facts.                                             





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