Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 188

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                  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.                                                 




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