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reports of a public agency admissible under Fed. R.
Evid. 803(8) or (24).
Held: R's contention in the amended answer is
new matter upon which R bears the burden of proof.
Rule 142(a), Tax Court Rules of Practice and Procedure.
Held, further, oral testimony of the two FBI
agents is not a record or report of a public agency of
Fed. R. Evid. 803(8).
Held, further, oral testimony of the two FBI
agents is not admissible under Fed. R. Evid. 803(24)
because respondent did not satisfy the notice
requirement of the rule.
Held, further, the interview notes are not
admissible because they were not exchanged before trial
contrary to the Court’s standing pretrial order.
Held, further, P may deduct $727,600 for DF stock
in 1987.
Held, further, P may deduct $199,600 for T stock
in 1988.
John D. Copeland, for petitioners.
Steven Walker and Barbara Leonard, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
COLVIN, Judge: Respondent determined that petitioners had
deficiencies in Federal income tax of $162,761 for 1987 and
$57,199 for 1988. Respondent filed an amended answer asserting
an additional deficiency of $31,170 for 1987.
The issues for decision are:
1. Whether respondent's contention that petitioners'
worthless stock deduction for Dondi Financial Corp. (Dondi
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