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It further held that the court “ may ” in determining admissibility consider one or more of the specific Daubert factors , which as it observed did not constitute a definitive check list or test . The IRS has observed increased use of tax-exempt organizations to improperly shield income or assets from taxation . King 's motion of yesterday for postponement and sundry other matters which I had observed made me fearful that some storm was gathering . The OCC has observed increased use of " market flex " language in lending agreements between agents and borrowers . The suspect was observed slumped in the front passenger seat of the vehicle with a gunshot wound to the right eye and a gunshot wound to the back . In some cases residues were also retained as , during a site visit , the author observed mineralised remains in some of the processed samples .