Richard A. and Carol B. Little - Page 23

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          Powers v. Commissioner, 100 T.C. 457, 485 (1993); Goldsmith v.              
          Commissioner, 86 T.C. 1134, 1140 (1986).                                    
                    b.   Notice Requirement                                           
               Rule 803(24) of the Federal Rules of Evidence requires the             
          offering party to notify the opposing party of the particulars of           
          the testimony sufficiently in advance of trial to prepare to meet           
          it.                                                                         
               Respondent contends that petitioner had adequate notice of             
          Hodges' and Hogue's testimony.  We disagree.  Respondent's only             
          notice to petitioner was a statement in the pretrial memorandum             
          that the two agents would testify about the truthfulness or                 
          untruthfulness of petitioners' witnesses and the facts                      
          surrounding this case (i.e., this civil tax case), a case which             
          Hodges said at trial was not the subject of the task force's                
          investigation.  Respondent did not give notice to petitioners of            
          any of the particulars of the direct examination, which covered             
          106 transcript pages.                                                       
               Respondent cites United States v. Brown, 770 F.2d 768, 771             
          (9th Cir. 1985), and Piva v. Xerox Corp., 654 F.2d 591, 596 (9th            
          Cir. 1981), in which the U.S. Court of Appeals for the Ninth                
          Circuit interpreted the notice requirement of rule 803(8)(C) of             
          the Federal Rules of Evidence.                                              
               In Brown, the Court of Appeals held that the trial court               
          properly admitted the defendants' passports where the Government            
          did not tell the defendants before trial that it intended to                




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