- 54 - of Consulting Actuaries since 1987. Various courts, including this one, have previously recognized Mr. DeWeese as an expert on subjects similar to those relevant herein, and he has repeatedly testified as an expert on those subjects, including twice in this Court. See Neonatology Associates, P.A. v. Commissioner, supra at 85-86; Booth v. Commissioner, 108 T.C. 524, 573 (1997). The Court has broad discretion to evaluate the cogency of an expert’s analysis. See Neonatology Associates, P.A. v. Commissioner, supra at 85. Sometimes, an expert will help us decide a case. See, e.g., id.; Booth v. Commissioner, supra at 573; Trans City Life Ins. Co. v. Commissioner, 106 T.C. 274, 302 (1996). Other times, he or she will not. See, e.g., Estate of Scanlan v. Commissioner, T.C. Memo. 1996-331, affd. without published opinion 116 F.3d 1476 (5th Cir. 1997); Mandelbaum v. Commissioner, T.C. Memo. 1995-255, affd. without published opinion 91 F.3d 124 (3d Cir. 1996). Aided by our common sense and our perception of the expert during his or her testimony, we weigh the helpfulness and persuasiveness of an expert’s testimony in the light of his or her qualifications and with due regard to all other credible evidence in the record. See Neonatology Associates, P.A. v. Commissioner, supra at 84-85. We may embrace or reject an expert’s opinion in toto, or we may pick and choose the portions of the opinion to adopt. See Helvering v. Natl. Grocery Co., 304 U.S. 282, 294-295 (1938); IT&S of Iowa, Inc. v.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 NextLast modified: March 27, 2008