- 56 - to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the origi- nal.” FRE 1003. The material entries that are the subject of respondent’s evidentiary objection are not “originals” or “counterparts” within the meaning of FRE 1001(3), nor are they “duplicates” within the meaning of FRE 1001(4). Rather, those entries reflect information that certain of respondent’s employees obtained by reviewing certain other documents obtained pursuant to respon- dent’s summonses to petitioner’s banks. Unless the Federal Rules of Evidence or an act of Congress provides an exception to FRE 1002 that is applicable to the material entries that are the subject of respondent’s evidentiary objection, such entries are not admissible. Petitioner relies on two exceptions to FRE 1002 to support his position that the material entries that are the subject of respondent’s evidentiary objection are admissible to prove the identity of the payors during the years at issue of certain items that were deposited into petitioner’s accounts. The first exception on which petitioner relies is FRE 1004(3), which provides: The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if–- * * * * * * * (3) Original in Possession of Opponent. At a time when an original was under the control of the party against whom offered, that party was put onPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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