- 11 - America during FYE 1993 and prior periods. Petitioners offered testimony from Mr. and Mrs. Dobbe and from their accountant to prove that (1) the written leases in effect during FYE 1993 and prior years included the Dobbe residence, and (2) even if the written leases did not include the residence, there was an oral lease covering the residence during FYE 1993 and prior years. Respondent objected to the testimony, citing Washington State’s parol evidence rule. We conditionally admitted the testimony over respondent’s objection but reserved final ruling and directed the parties to brief the issue. Upon consideration of the applicable law and the evidence in the record, we conclude that the testimony is admissible solely on the question of whether petitioners entered into an oral lease covering the residence. A. The Parol Evidence Rule It is well settled that the State law applicable to the contract at issue governs whether parol evidence is admissible. See Estate of Craft v. Commissioner, 68 T.C. 249, 262 (1977), affd. per curiam 608 F.2d 240 (5th Cir. 1979). The parties agree that Washington State law applies to the leases at issue in this case. Under Washington State law, the general rule is that “parol evidence is not admissible for the purpose of adding to, modifying, or contradicting the terms of a written contract, in the absence of fraud, accident, or mistake.” Berg v. Hudesman,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