Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 183

                                                 - 81 -                                                    
                  the interest of justice will [best] be served by admis-                                  
                  sion of the statement into evidence; and                                                 
                  5.  the proponent of the statement has made it known                                     
                  to the adverse party sufficiently in advance of trial                                    
                  or hearing to provide the adverse party with a fair                                      
                  opportunity to prepare to meet it.[54]  [Goldsmith v.                                    
                  Commissioner, 86 T.C. 1134, 1139 (1986); fn. ref.                                        
                  omitted.]                                                                                
            The foregoing residual exception to the hearsay rule is to be                                  
            "used very rarely and only in exceptional circumstances" to                                    
            ensure that it does not emasculate the body of law underlying the                              
            rules of evidence.  Id. at 1140.                                                               
                  Petitioner argues on brief that the admission of the news-                               
            paper article is justified because of petitioner's inability to                                
            obtain other evidence showing how common "back-to-back loan                                    
            structures" were when Rev. Rul. 87-89, supra, was issued55 and                                 

            54  Fed. R. Evid. 803(24) also requires the proponent of the                                   
            statement to furnish the opposing party with the particulars of                                
            the statement, including the name and address of the declarant.                                
            55  During a deposition of Henry Yung, an officer of Union Bank,                               
            that was taken by petitioner approximately two weeks prior to the                              
            trial of these cases, petitioner learned that Mr. Yung was not                                 
            able to testify that "back-to-back loan structures" were popular                               
            when Rev. Rul. 87-89, 1987-2 C.B. 195, situations (1) and (2),                                 
            obsoleted for payments made after Sept. 10, 1995, by Rev. Rul.                                 
            95-56, 1995-36 I.R.B. 20, was issued.  At about the same time,                                 
            petitioner subpoenaed Thomas D. Fuller, an individual who peti-                                
            tioner believed was employed by the Internal Revenue Service                                   
            (Service) and was able to testify that such arrangements had been                              
            popular when that ruling was issued.  Petitioner learned approxi-                              
            mately five days prior to trial that Mr. Fuller had left the                                   
            employ of the Service and was abroad.  At the call of these cases                              
            from the calendar, petitioner attempted to offer the testimony of                              
            a witness not listed in his trial memorandum with respect to the                               
            popularity of "back-to-back loan structures", which the Court did                              
                                                                            (continued...)                 





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