-313- reliable foundation and is relevant. In Kumho Tire Co. v. Carmichael, 526 U.S. 137, 149 (1999), the Supreme Court extended this requirement to all expert matters described in Rule 702, Fed. R. Evid.214 Under Daubert and Kumho Tire Co., a trial court bears a “special gatekeeping obligation” to ensure that any and all expert testimony is relevant and reliable. Caracci v. Commissioner, 118 T.C. 379, 393 (2002). In exercising this function, trial judges have “considerable leeway in deciding in a particular case how to go about determining whether particular expert testimony is reliable.” Kumho Tire Co. v. Carmichael, supra at 152; see also Haarhuis v. Kunnan Enters., Ltd., 177 F.3d 1007, 1014-1015 (D.C. Cir. 1999). 1. Mr. Crawford Mr. Crawford is a certified public accountant and a lead tax services partner at Deloitte & Touche. He has 20 years’ tax experience relating to acquisitions, mergers, reorganizations, and other complex corporate/entity transactions. From 1990 to 2002, Mr. Crawford served as a member of Arthur Andersen’s National Mergers and Acquisitions and Subchapter C Team. 214 Although Daubert and Kumho Tire Co. provide a hurdle for the admissibility of expert testimony, the Federal Rules of Evidence continue to provide a liberal standard for the admissibility of expert testimony. See Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 588 (1993); United States v. Dukagjini, 326 F.3d 45, 57 (2d Cir. 2003).Page: Previous 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 Next
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