William W. Halle IV, and Janice C. Halle - Page 15

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          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.                                                   









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