Zinovy Brodsky - Page 122




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               indication of receipts being shifted to other accounts                 
               or kept on hand by the T/P.  Based on the bank deposit                 
               analysis, gross receipts are accepted as reported per                  
               IRC Section 61 provisions.                                             
          At the further trial, respondent objected under FRE 1002 to the             
          admission into the record of Mr. Oliveras’ summary.  Respondent             
          further objected to the admission of Mr. Oliveras’ summary                  
          because respondent claimed that Mr. Oliveras’ statements are                
          hearsay.                                                                    
               At the further trial in this case, in response to respon-              
          dent’s evidentiary objections to Mr. Oliveras’ summary, peti-               
          tioner clarified that he was not offering Mr. Oliveras’ summary             
          into the record for the truth of its content, but rather for the            
          limited purpose that it was a document prepared by Mr. Oliveras.            
          On that limited basis, we admitted Mr. Oliveras’ summary into               
          evidence and made it part of the record in this case.                       
               On brief, petitioner asks us to allow him to change the                
          purpose for which he offered Mr. Oliveras’ summary into evidence            
          and to reconsider our evidentiary ruling with respect to that               
          summary.  Although not altogether clear, petitioner appears to              
          take the position on brief that Mr. Oliveras’ summary should be             
          admitted into the record for the truth of its contents rather               
          than for the limited purpose for which petitioner requested that            
          that summary be admitted into the record at the further trial in            
          this case.  Petitioner seeks on brief to have Mr. Oliveras’                 
          summary admitted into the record for the truth of its contents in           
          order to establish through Mr. Oliveras’ statements on the second           
          page of that summary “that there were substantial deposits to               





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