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respondent's objections, except as to the handwritten marks on
Joint Exhibit 3-C, and admit Joint Exhibit 3-C, excluding the
handwritten marks thereon, and Joint Exhibit 4-D.2
The second evidentiary matter is the admissibility of the
following evidence offered by petitioner in his post-trial
request to reopen the record:
(1) A document denominated "Marine Midland Bank"
and "Corporate Data" listing the address and certain
financial information for Marine Midland Bank (marked
as petitioner's Exhibit 8);
(2) A document denominated "Annual Statement of
Account for 1990" and "Substitute Form 1098", listing
the recipient's/lender's name as Bank of America and
the payer's/borrower's name as David Woon Chiu or
Shere-Ling Yau, and showing an account number (marked
as petitioner's Exhibit 9); and,
(3) Copies of receipts bearing the logo of
"Goodwill Industries", and dated within the 1990
calendar year, with the names of David Chiu, or David
Chiu and Shere Yau, listed and a description of various
items (marked as petitioner's Exhibit 10).
Respondent objects to the admission of the foregoing on the
grounds of relevance, authentication, hearsay, and completeness.
We conclude that respondent is not prejudiced by the reopening of
the record for the admission of the exhibits.3 We overrule
2We note that admission of these exhibits does not, in any
event, enable petitioner to prevail on the issue to which they
relate.
3Reopening the record for submission of additional proof is
within the discretion of the Court. Zenith Radio Corp. v.
Hazeltine Research, Inc., 401 U.S. 321, 331 (1971).
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