- 19 - Respondent called Hodges and Hogue to testify about their investigation. Petitioner objected that the testimony was hearsay. 2. Whether Hodges' and Hogue's Testimony Is a Record of a Public Agency for Purposes of Rule 803(8) of the Federal Rules of Evidence, the Public Records Exception to the Hearsay Rule The Federal Rules of Evidence generally apply to proceedings of this Court. Sec. 7453; Rule 143(a); Conti v. Commissioner, 99 T.C. 370, 373 (1992), affd. 39 F.3d 658 (6th Cir. 1994); Estate of Shafer v. Commissioner, 80 T.C. 1145, 1151 (1983), affd. 749 F.2d 1216 (6th Cir. 1984). Respondent concedes that Hodges' and Hogue's testimony is hearsay but contends that it is admissible under rule 803(8)(C) of the Federal Rules of Evidence, as a report or statement of a public agency. Records, reports, statements, or data compilations of a public agency setting forth factual findings resulting from an investigation made pursuant to authority granted by law are admissible as an exception to the hearsay rule unless the sources of information or other circumstances indicate lack of trustworthiness.1 Fed. R. Evid. 803(8)(C). 1 Fed. R. Evid. 803(8) provides an exception to the hearsay rule for: Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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