- 78 - 5. June 12, 1987 Newspaper Article Respondent objected in the stipulations on grounds of rele- vance and hearsay to the admission of an article (newspaper arti- cle) that appeared in the June 12, 1987 edition of the Financial Times.53 On brief, respondent restates those objections. To counter respondent's relevancy objection, petitioner appears to contend that the newspaper article is relevant to his claims that respondent violated his constitutional right to equal protection of the law and abused her discretion by relying on Rev. Rul. 87-89, 1987-2 C.B. 195, situations (1) and (2), obso- leted for payments made after September 10, 1995, by Rev. Rul. 95-56, 1995-36 I.R.B. 20, in making the withholding tax determi- nations against Radcliffe and BOT that are at issue in these cases. To counter respondent's hearsay objection, petitioner argues that the Court should take judicial notice of the news- paper article as a legislative fact and that the article is admissible under rules 803(17) and 803(24) of the Federal Rules of Evidence. Even assuming arguendo that the newspaper article were rele- 52(...continued) of Pioneer's annual report for the year ended Mar. 31, 1985. 53 The newspaper article included so-called "back-to-back loan structures" in a list of "commercial activities often carried out from a favorable tax jurisdiction". The term "back-to-back loan structures" is contained in a table accompanying the newspaper article that attributes the information contained in that table to Price Waterhouse.Page: Previous 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Next
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