Richard A. and Carol B. Little - Page 19

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               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...)           




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