Willliam N. and Beth Ann Katsaros - Page 6




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          were made, petitioner was aware that he might never receive                 
          additional payment from HIEI for his services in excess of the              
          "loan" payments.                                                            
               Petitioners submitted a purported copy of HIEI's minutes               
          from a corporate meeting stated to have been held in October                
          1991.  Petitioners also submitted a letter from HIEI's treasurer,           
          Thomas A. Rohde, and a copy of the promissory note allegedly                
          executed by petitioner.  These three documents were submitted by            
          petitioners to support their contention that the distributions              
          were loans.                                                                 
               We decline to admit the letter from HIEI's corporate                   
          treasurer into evidence on the basis of hearsay.  Fed. R. Evid.             
          801(c).  We do, however, admit the promissory note but find that            
          it carries little or no weight.  The note was executed after the            
          close of the taxable year 1992 and offers little as far as                  
          demonstrating petitioner's intent at the time the distributions             
          were made.                                                                  
               As for the corporate minutes, even if we were to admit the             
          document under the business record hearsay exception found in               
          rule 803(6) of the Federal Rules of Evidence, we do not find that           
          the document is helpful to petitioners' case.  The minutes                  
          reflect that petitioner agreed to forgo his monthly salary of               
          $4,000.  While the distributions did not exactly match the amount           
          of his salary forgone, we note that petitioner's monthly salary             





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