- 83 - On the instant record, we conclude that the newspaper article is not admissible under that rule.56 6. August 28, 1987 Memorandum Respondent objected in the stipulations on grounds of rele- vance and hearsay to the admission of a memorandum dated August 28, 1987 (August 1987 memorandum), from Thomas D. Fuller, then Special Assistant to the Associate Chief Counsel (International), to the Director of Public Affairs that accompanied copies of Rev. Rul. 87-89, 1987-2 C.B. 195, for release under the Service's advance revenue ruling procedures. On brief, respondent restates those objections.57 To counter respondent's relevancy objection, petitioner appears to contend that the August 1987 memorandum is relevant to petitioner's constitutional and abuse of discretion claims. To counter respondent's hearsay objection, petitioner argues that that memorandum is admissible under rules 803(8) and 803(24) of the Federal Rules of Evidence to show that the form of financing analyzed in Rev. Rul. 87-89, supra, was popular at the time the ruling was issued and under rules 801 and 803(3) of the Federal Rules of Evidence to show that the Service's National Office 56 Even if we were to admit the newspaper article into evidence, it would not change our resolution of petitioner's constitutional and abuse of discretion claims in these cases. 57 The August 1987 memorandum stated in relevant part that Rev. Rul. 87-89, supra, provides guidance with respect to "currently popular international financing structures."Page: Previous 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Next
Last modified: May 25, 2011