Peter J. Bresson - Page 9

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          He found no assets which could be used to collect the tax                   
          liabilities from Jaussaud Enterprises.                                      
               On November 13, 1996, the IRS issued a final demand letter             
          which was received and signed for (but not responded to) by                 
          Jaussaud Enterprises.                                                       
                                       OPINION                                        
          Evidentiary Matters                                                         
               Preliminarily, we address various evidentiary matters.                 
               At trial, petitioner contended that respondent assessed taxes          
          against Jaussaud Enterprises for the wrong year.  Respondent's              
          witness, Vicki McIntire, credibly testified about the error, which          
          occurred as a result of the filing of corporate income tax returns          
          for fiscal years ended February 28, 1991, and February 29, 1992, at         
          approximately the same time in 1993, and the subsequent correction          
          of the error by respondent.  In that vein, petitioner objected to,          
          as hearsay, the admission into evidence of Exhibit AA, Summary              
          Record of Assessments, and Exhibit BB, Certificate of Assessments           
          and Payments, to prove the existence of Jaussaud Enterprises' tax           
          liability.                                                                  
               Rule 803 of the Federal Rules of Evidence provides numerous            
          exceptions to the hearsay rule.  As pertinent herein, rule 803(8)           
          provides an exception for:                                                  
                    (8)  Public records and reports.--Records, reports,               
               statements, or data compilations, in any form, of public               
               offices or agencies, setting forth (A) the activities of               
               the office or agency, or (B) matters observed pursuant to              




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