V.R. DeAngelis M.D.P.C. & R.T. Domingo M.D.P.C., V. R. DeAngelis M.D.P.C., Tax Matters Partner, et al. - Page 54




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          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.            







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