- 62 - On the record before us, we find that the material entries that are the subject of respondent’s evidentiary objection are admissible under FRE 1007, and we overrule respondent’s eviden- tiary objection to those entries. On that record, we also overrule respondent’s evidentiary objection to other entries in respondent’s workpapers which do not pertain to any of the deposits that petitioner contends remain at issue in this case. Accordingly, we admit respondent’s workpapers into evidence and make them part of the record in this case. We also admit uncon- ditionally into the record in this case the testimony elicited by the parties at the further trial with respect to such workpapers. The next evidentiary issue before us involves petitioner’s new position on brief as to the purpose for which he offered into the record at the further trial Mr. Oliveras’ summary of MZ Trading’s deposits during 1993 (Mr. Oliveras’ summary). Mr. Oliveras prepared that summary in connection with respondent’s examination of MZ Trading’s Form 1065 for 1993. Mr. Oliveras’ summary set forth, inter alia, Mr. Oliveras’ conclusions with respect to certain information regarding each of the deposits that was made into MZ Trading’s accounts during 1993, i.e., the date, the amount, and the payor of each such deposit, as well as the following statements of Mr. Oliveras (Mr. Oliveras’ state- ments): The T/P did not provide an accurate reconciliation of the receipts received by the partnership during the 9312 period. The bank deposit analysis reflects less deposits than the gross receipts reported on the return. This is anPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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