Miller & Sons Drywall, Inc. - Page 14

                                       - 14 -                                         
          Risk Management Association (RMA) Annual Statement Studies 1998-            
          1999, 1999-2000, and 2000-2001, and the Methodology/Disclaimer              
          from the October 1, 2001, Database of the Executive Compensation            
          Assessor software and database published by the Economic Research           
          Institute (ERI).  Respondent objects to petitioner’s request                
          because petitioner did not indicate which RMA studies it wanted             
          the Court to take judicial notice of, and the information                   
          contained in both the RMA and ERI materials does not meet the               
          criteria under rule 201 of the Federal Rules of Evidence and this           
          Court’s jurisprudence.                                                      
               Rule 201(b) of the Federal Rules of Evidence provides:                 
               Kinds of facts.  A judicially noticed fact must be one not             
               subject to reasonable dispute in that it is either (1)                 
               generally known within the territorial jurisdiction of the             
               trial court or (2) capable of accurate and ready                       
               determination by resort to sources whose accuracy cannot               
               reasonably be questioned.                                              
          See also Estate of Reis v. Commissioner, 87 T.C. 1016, 1026-1027            
          (1986).                                                                     
               These materials were relied on by both parties’ experts to             
          form their respective opinions.  We have heard the testimony of             
          both experts and have reviewed their respective reports,                    
          including the materials in issue, which were attached to the                
          expert reports.  The experts relied on these materials, but they            
          bolstered their opinions with facts other than those considered             
          in producing these materials.  Each expert testified, and his               
          respective opinion was subject to cross-examination.  While an              





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011