Thai V. Pham and Khuy T. Bui - Page 14

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               Petitioner Bui testified that the original of the rental               
          agreement is in the possession of the lessor, Mr. Tran Trung.               
          Petitioner Bui also testified that she was unaware of Mr. Trung's           
          location and that she has had no contact with Mr. Trung since               
          returning the six sewing machines to him at the end of 1988.                
          Petitioner Bui further testified that the document was a true and           
          exact copy signed and received by her on the date she picked up             
          the sewing machines.  The Federal Rules of Evidence generally               
          permit the use of copies rather than originals, but an exception            
          is made if a genuine question is raised as to the authenticity of           
          the original.  Fed. R. Evid. 1003; see Tyson v. Jones & Laughlin            
          Steel Corp., 958 F.2d 756 (7th Cir. 1992); United States v.                 
          Smith, 893 F.2d 1573 (9th Cir. 1990); Christopher v.                        
          Commissioner, T.C. Memo. 1984-394.  Respondent, however, does not           
          establish in any way how the document is fatally flawed.                    
          Respondent contends that the authenticity of the lease agreement            
          is suspect because, without the original, the date on which the             
          document was created is unknown.  We are unpersuaded by this                
          argument.  Furthermore, merely objecting to the admission of                
          evidence does not make that evidence suspect, nor does it rise to           
          a showing that a genuine issue of authenticity exists.  Tyson v.            
          Jones & Laughlin Steel Corp., supra at 761.  Accordingly, we find           
          that a genuine issue has not been raised as to the authenticity             
          of the lease agreement, and it is admissible under rule 1003 of             
          the Federal Rules of Evidence.                                              

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