- 23 - 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 toPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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