Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 180

                                                 - 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.                                                                           




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