- 16 - introduce any invoices or other records to establish a business purpose for the payments. The expert report prepared by petitioners’ expert for purposes of this litigation is based largely on out-of-court statements purportedly made by petitioner regarding checks written on the Lloyds/Sanwa account. Other than petitioner’s testimony, no trial testimony or other documentary evidence was offered or admitted at trial to establish the purpose of the checks. Although we allowed petitioners' expert’s report into evidence, much of the information relied upon by petitioners’ expert is vague and so speculative as to make his report largely meaningless. Soden v. Freightliner Corp., 714 F.2d 498, 500-507 (5th Cir. 1983); United States v. Sims, 514 F.2d 147, 149-150 (9th Cir. 1975); Viterbo v. Dow Chem. Co., 646 F. Supp. 1420, 1424 (E.D. Tex. 1986), affd. 826 F.2d 420 (5th Cir. 1987). Further, under rule 703 of the Federal Rules of Evidence, petitioners' expert’s reliance on hearsay in his report does not elevate the hearsay to the status of evidence that would establish the truth of the matter asserted (namely, the business nature and deductibility of alleged expenses mentioned therein). Paddack v. Dave Christensen, Inc., 745 F.2d 1254, 1261-1262 (9th Cir. 1984); Greenberg v. United States, 295 F.2d 903, 907-909 (1st Cir. 1961).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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