- 84 - (National Office) was aware that it was popular at that time. Even assuming arguendo that the August 1987 memorandum were relevant to petitioner's constitutional and abuse of discretion claims, we disagree with petitioner that that memorandum is admissible for the purposes for which he has offered it under any of the exceptions to the hearsay rule upon which he relies. We consider first whether the August 1987 memorandum is admissible under rules 803(8) and 803(24) of the Federal Rules of Evidence to show that the pattern of financing described in Rev. Rul. 87-89, supra, was popular at the time that ruling was is- sued. We conclude that the August 1987 memorandum is not admis- sible under rule 803(8) of the Federal Rules of Evidence. That rule permits introduction of statements of public agencies set- ting forth, inter alia, matters observed pursuant to a duty imposed by law as to which there was a duty to report or factual findings resulting from an investigation made pursuant to author- ity granted by law. Petitioner has made no showing that the statements in the August 1987 memorandum were recorded pursuant to a duty to report or that they are factual findings from an investigation made pursuant to legal authority. Petitioner argues in a conclusory manner on brief that the conditions for admissibility imposed by rule 803(24) of the Federal Rules of Evidence are satisfied. As was true of his evidentiary arguments relating to the newspaper article, peti- tioner contends on brief that the admission of the August 1987Page: Previous 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Next
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