- 3 -
As a preliminary matter, we must decide whether certain
documents submitted by respondent during the trial of this case
should be admitted into evidence. Prior to trial, petitioner
submitted two motions seeking to exclude these documents from
evidence. At trial, respondent sought to admit four of the
documents which were, inter alia, referenced in those motions.
Petitioner maintained its objections to the challenged documents
at trial. The documents which are the subject of petitioner's
motions and subsequent objections are:
1. An agreement executed by Patricia Vestal, Gordon
Davenport, and Charles Botefuhr on November 28, 1980, which
references transfers made by Birnie Davenport to Patricia Vestal,
Gordon Davenport, and Charles Botefuhr (Exh. AD).
2. A letter dated April 11, 1984, from John H. Conway, Jr.,
Esq., and Charles B. Tetrick, Esq., addressed to Mr. Gordon
Davenport and Mrs. Pat Vestal regarding the settlement of the
estate of Elizabeth G. Davenport Tax Court case (Exh. AF).
3. An agreement dated April 22, 1984, involving the
Commissioner and the Estate of Elizabeth G. Davenport, Deceased,
Gordon E. Davenport, and Patricia Vestal, Executors (Exh. AE).
4. A letter dated August 3, 1991, from Edward Botefuhr to
Corrine Childs in response to a letter from Ms. Childs requesting
information on a gift tax return that was allegedly to be filed
by Mr. Botefuhr on behalf of Birnie (Exh. AG).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011