- 28 - Issue 1. Evidentiary Problems The Federal Rules of Evidence generally apply to proceedings before this Court. Sec. 7453; Estate of Shafer v. Commissioner, 80 T.C. 1145, 1151 (1983), affd. 749 F.2d 1216 (6th Cir. 1984). Issue 1(a). Exhibit 36-AJ, Letter From Gregg Kunkowski Respondent's opening brief "objects to the admission of this [May 8, 1989] letter to prove the truth of the assertions within such letter, on hearsay grounds". Respondent goes on to state that "The letter is admitted for the limited purpose of showing what was communicated to Howard and Alice Berger on or about such date." Neither Howard Berger nor Alice Berger has asserted that the letter qualifies for an exception to the hearsay rule, nor has either proposed facts based on the letter. The letter is admitted for the purpose specified by respondent and for whatever bearing the fact that it was communicated to Howard and Alice Berger might have on their states of mind in consummating the 1989 transaction in which Woodbine was transferred to the Kunkowskis. It also tends to indicate that Gregg Kunkowski played a dominant role in planning the Woodbine transactions in 1989. Issue 1(b). Exhibits 46-AT, 57, and 58, Documents Signed by Alice Berger Alice Berger asserts that these exhibits are hearsay and objects to their use to prove that she was an owner of the Woodbine business. Respondent asserts that they are partyPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011