- 15 - Conti v. Commissioner, 99 T.C. 370, 373 (1992), affd. 39 F.3d 658 (6th Cir. 1994). Departing from these rules would remove the certainty of what this Court may consider in finding the facts. Snyder v. Commissioner, 93 T.C. 529, 531-532 (1989). Fed. R. Evid. 602 requires that the witness have personal knowledge of the matter to which he testifies. Mr. Hull testified that petitioner duplicated certain business expense deductions. He based his conclusions on his analysis of detailed computer records of the locksmith business expenses supplied by petitioner--records that petitioner acknowledged were so comprehensive as to create an audit trail. Thus, Mr. Hull had personal knowledge of the matters about which he testified. He need not have been involved in the audit or the issuance of the deficiency notice in order to have first-hand knowledge. Fed. R. Evid. 103(a)(1), the controlling rule for objections, requires that "a timely objection or motion to strike appear of record". An objection that is not timely made generally is waived. United States v. Jamerson, 549 F.2d 1263, 1266-1267 (9th Cir. 1977). Petitioner's objection to Mr. Hull's testimony was first made in his answering brief and not at the trial. It is untimely and, therefore, treated as waived. Moreover, it lacks merit.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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