- 10 -
Commissioner, T.C. Memo. 1996-148 (indicating that ownership
percentage on valuation date is significant in considering
testimony of owner under rule 702 of the Federal Rules of
Evidence), revd. on other grounds 152 F.3d 208 (2d Cir. 1998).
The estate also argues that rule 701 of the Federal Rules of
Evidence3 permits Mr. Dicker’s testimony as to value as a lay
witness. Under rule 701 of the Federal Rules of Evidence,
opinion testimony by a lay witness who is not testifying as an
expert is “limited to those opinions or inferences which are * *
* (c) not based on scientific, technical, or other specialized
knowledge within the scope of Rule 702”. Mr. Dicker’s testimony
as to value is not helpful to the Court unless it is based upon
the specialized knowledge derived from his experience as a real
estate developer. When an opinion relies on specialized
knowledge, the basis of that opinion must be presented to the
other party in an expert report under this Court’s Rule
143(f)(2). Allowing Mr. Dicker’s testimony as to value under
3Fed. R. Evid. 701 provides:
Rule 701. Opinion Testimony by Lay Witnesses
If the witness is not testifying as an expert, the
witness’ testimony in the form of opinions or inferences is
limited to those opinions or inferences which are (a)
rationally based on the perception of the witness, and (b)
helpful to a clear understanding of the witness’ testimony
or the determination of a fact in issue, and (c) not based
on scientific, technical or other specialized knowledge
within the scope of Rule 702.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011