Raymond D. Oddi, Cross-Appellant v. Ayco Corporation, a New York Corporation, Cross-Appellee

CUDAHY, Circuit Judge.

In this case we face the apparently novel question of who bears the burden of proving what future tax rates will be. That question along with other more technical claims of error comprise this appeal from a judgment holding Ayco Corporation, an investment counseling firm, liable to its client, Raymond Oddi, for errors of calculation it made in its presentation of investment alternatives. Both parties appeal, and we affirm.

I

Oddi served in various capacities as an executive of Baxter Travenol Laboratories, Inc. (Baxter) and a subsidiary. As part of his compensation…