- 10 - escrow document is a business record. See Fed. R. Evid. 803(6). Therefore, we overrule respondent's hearsay objection. Finally, we turn to respondent's relevancy objection to Petitioner's Exhibit 13. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. Fed. R. Evid. 401. Petitioner's Exhibit 13 pertains to the efforts of the California Franchise Tax Board to collect California income taxes during petitioner's bankruptcy. This document has no relevance to petitioner's Federal income tax liability. Accordingly, we sustain respondent's objection.7 7 Petitioner argued that this exhibit was relevant to his motion to dismiss based on petitioner's contention that the IRS had already assessed a tax for the 1983 taxable year. We had previously denied that motion, but advised petitioner that he could renew the motion, if appropriate, at a later point during the proceedings. Petitioner failed to do so. Since there is no pending motion to dismiss, Petitioner's Exhibit 13 cannot be relevant to such motion. Moreover, we fail to see any such relevancy in any event.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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