Alan D. Stang - Page 16

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               taxpayer asserts a reasonable dispute with respect to                  
               any item of income reported on an information return                   
               filed with the Secretary under subpart B or C of part                  
               III of subchapter A of chapter 61 by a third party and                 
               the taxpayer has fully cooperated with the Secretary                   
               (including providing, within a reasonable period of                    
               time, access to and inspection of all witnesses,                       
               information, and documents within the control of the                   
               taxpayer as reasonably requested by the Secretary), the                
               Secretary shall have the burden of producing reasonable                
               and probative information concerning such deficiency in                
               addition to such information return.                                   
               Here, respondent initially, in determining the disputed                
          deficiencies, relied upon third-party information returns.                  
          Respondent also introduced at trial, through the declaration of             
          Ms. Wittman, copies of the information returns and of checks and            
          invoices showing payment by GCE to petitioner.  Additional copies           
          of checks from GCE payable to petitioner for 1999 had been deemed           
          stipulated pursuant to Rule 91(f).  Petitioner makes various                
          arguments as to why these materials are inadmissible and thus               
          insufficient to satisfy any pertinent burden born by respondent.            
               A.  Rule 902(11) of the Federal Rules of Evidence                      
               Petitioner alleges that the declaration and accompanying               
          documents are inadmissible as self-authenticating business                  
          records under rules 902(11) and 803(6) of the Federal Rules of              
          Evidence (hereinafter individual rules generally abbreviated in             
          text Fed. R. Evid. 902, Fed. R. Evid. 803, etc.).  Specifically,            
          petitioner maintains that the materials were untimely provided              
          for purposes of the notice requirement contained in Fed. R. Evid.           
          902(11).  Fed. R. Evid. 902 enumerates forms of documentary                 





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