Alice Berger, et al. - Page 28

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          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 party                  





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