- 63 - 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 toPage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
Last modified: May 25, 2011