- 26 - 15, 2002). This gatekeeping obligation applies to all expert testimony, including testimony based on technical and other specialized knowledge. Kumho Tire Co. v. Carmichael, 526 U.S. at 141; see Fed. R. Evid. 702. As trier of fact, we are not bound by the opinion of any expert witness and will accept or reject expert testimony, in whole or in part, in the exercise of sound judgment. Lukens v. Commissioner, 945 F.2d 92, 96 (5th Cir. 1991) (and cases there cited), affg. T.C. Memo. 1990-87. The three experts agree on some aspects of elements that should be taken into account in determining what would be reasonable compensation for Jack’s services to petitioner, but even there they do not agree on what numbers those aspects should lead us to. Each expert does a much better job of explaining why the other side is wrong than why his or her analysis is correct. To that extent, each expert has been helpful. To put it another way, the experts have provided substantial assistance to the trier of fact (Fed. R. Evid. 702) in identifying and winnowing out the chaff; they have provided far less assistance in identifying and keeping the wheat. See United States v. Mastropieri, 685 F.2d 776, 786 (2d Cir. 1982). (a) Hakala Hakala is a principal in Business Valuation Services, Inc. He had academic training in compensation theory and was awardedPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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