United States' Motion to Exclude Expert Testimony of Plaintiffs'

for the potential tender offer of Solution 6, Representation 8 states thedesire to reduce currency exposure with respect to the proposedacquisition, and Representation 9 states that based on the advice of Bankand upon Mr. Beal's own independent evaluations, there was a reasonableopportunity to earn a reasonable profit in excess of all fees andtransactions costs without regard to the tax benefits. To my knowledge,these representations are true, and, at a minimum, they are notunreasonable. In addition, I am not aware that the taxpayers failed todisclose any relevant fact to the tax advisor. The FP AA does not assertany relevant facts that are not considered in the Opinion.(iv) Knowledgeable Professionals. The accounting firm of Coscia Greilchappears to be sufficiently knowledgeable in the relevant aspects of Federaltax law. I have examined Matt Coscia's CV's on his firm website,http://www.mcggroup.com/index.shtml. and it is apparent that he is anexperienced practitioner who should have sufficient knowledge to analyzethis transaction. Moreover, as discussed below, the Opinion is ofsufficient quality that it is clear that he had the requisite knowledge in therelevant aspects of Federal tax law. Finally, the requirement ofknowledgeable professionals focuses on the taxpayer's reasonable beliefabout the knowledge of the tax advisor. Here, Coscia Grielich was wellknownto Mr. Beal and recommended by his senior advisors. Thetaxpayers would have had no reason to believe that these advisors werenot sufficiently knowledgeable to analyze the transaction.(v) Unambiguous statement of more likely than not. Coscia Greilchunambiguously told Mr. Beal that the overall tax treatment more likelythan would be upheld if challenged. The Opinion makes this statementwith respect to each separate item in its analysis. Moreover, it is myunderstanding that Matt Coscia personally provided this assurance to Mr.Beal in discussions surrounding the transaction.(vi) No conflict of interest. There was, to my knowledge, no conflict of interestbetween Coscia Greilich and the taxpayers. In particular, where a lawfirm works with and acts in concert with a tax shelter promoter, there is a10