- 87 - under the foregoing hearsay exception in order to show that the financing structures described in Rev. Rul. 87-89, 1987-2 C.B. 195, in fact were "currently popular" at the time the ruling was issued. Instead, petitioner asserts that that document is admis- sible to show that the National Office was aware that those financing structures were "currently popular" at that time. On its face, the August 1987 memorandum seems to represent only the views or state of mind of its author. Petitioner has not shown that that memorandum is a statement of the institution- al view or position of the National Office or that its author was in a position that enabled or entitled him to articulate the view or position of the National Office with respect to the current popularity of the financing structures described in Rev. Rul. 87- 89, supra. Petitioner has not established the basis on which we may impute to the National Office the state of mind of the author of the August 1987 memorandum. That memorandum reflects only its author's state of mind with respect to the popularity of the pattern of financing analyzed in Rev. Rul. 87-89, supra, regard- less whether that state of mind was correct. On the instant record, we conclude that the August 1987 memorandum is not admis- sible to show the state of mind of the National Office.59 59 Even if we were to admit the August 1987 memorandum into evidence for the purposes advocated by petitioner, it would not change our resolution of petitioner's constitutional and abuse of (continued...)Page: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
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