Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 186

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            (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 1987                                 




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