- 86 - We will not admit the August 1987 memorandum into evidence under rule 803(8) or 803(24) of the Federal Rules of Evidence for the purpose of showing that the pattern of financing described in Rev. Rul. 87-89, supra, was popular at the time that ruling was issued.58 We now consider petitioner's contention that the August 1987 memorandum is admissible to show that the National Office was aware that the pattern of financing described in Rev. Rul. 87-89, supra, was popular at the time that ruling was issued. As we understand petitioner's argument, that memorandum is not exclud- ible hearsay under rule 802 of the Federal Rules of Evidence because either (1) it is not hearsay as defined by rule 801(c) of those rules in that it is offered to show circumstantially the National Office's state of mind, and not for the truth of the matter asserted therein, or (2) it is admissible under rule 803(3) of those rules that provides an exception to the hearsay rule for: A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or be- lieved unless it relates to the execution, revocation, identification, or terms of declarant's will. Petitioner is not seeking to admit the August 1987 memorandum 58 Even if we were to admit that memorandum for that purpose, it would not change our resolution of petitioner's constitutional and abuse of discretion claims in these cases.Page: Previous 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Next
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