- 53 - rule. See Fed. R. Evid. 803(6).11 At trial, respondent made no attempt to lay the foundation required under rule 803(6) of the Federal Rules of Evidence for the admission of the Interstate Valuation as a business record. See Waddell v. Commissioner, 841 F.2d 264, 267 (9th Cir. 1988), affg. per curiam 86 T.C. 848 (1986); Forward Communications Corp. v. United States, 221 Ct. Cl. 582, 626-629, 608 F.2d 485, 510-511 (1979). Accordingly, we find that the Interstate Valuation is not admissible under the business records exception to the hearsay rule. What Is the Fair Market Value of the Securities? For Federal income purposes, the fair market value of property is the price that a willing buyer would pay a willing seller for that property, neither one being under any compulsion to buy or sell and both persons having reasonable knowledge of all the relevant facts. United States v. Cartwright, 411 U.S. 11 Fed. R. Evid. 803(6) provides as follows: (6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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