Neonatology Associates, P.A., et al - Page 71




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                  We also do not find the testimony of most of the fact                                
            witnesses to be helpful as to the critical facts underlying the                            
            issues at hand.  Drs. Desai, Hirshkowitz, and Mall and Messrs.                             
            Ankner, Mall, and Ross testified incredibly with regard to                                 
            material aspects of this case.  They all seemed coached and                                
            frequently displayed during cross-examination (or in response to                           
            questions asked by the Court) a loss of memory or hesitation with                          
            respect to their testimony.26  Each of them (with the exception                            
            of Dr. Desai and Mr. Mall) also acknowledged that he or she had                            
            on prior occasions consciously misrepresented material facts in                            
            order to achieve a personal goal.  Their testimony, as well as                             
            the testimony of Mr. Cohen, was for the most part self-serving,                            
            vague, elusive, uncorroborated, and/or inconsistent with                                   
            documentary or other reliable evidence.  Under circumstances such                          
            as these, we are not required to, and we do not, rely on the bald                          
            or otherwise unreliable testimony of these named fact witnesses                            
            to support our decision herein.  See Diamond Bros. Co. v.                                  
            Commissioner, 322 F.2d 725 at 730-731; see also Tokarski v.                                
            Commissioner, 87 T.C. 74, 77 (1986).  We rely mainly on the                                
            testimony of Mr. DeWeese and the voluminous record built by the                            
            parties through their stipulation of approximately 2,167 facts                             
            and approximately 1,691 exhibits.                                                          

                  26 In fact, petitioners’ counsel Neil L. Prupis (Mr. Prupis)                         
            even acknowledged to the Court that the testifying physicians had                          
            selective memories.                                                                        





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