Zinovy Brodsky - Page 121




                                       - 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 an                 





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