- 11 - raises. With respect to the admissibility into evidence of the IRS transcripts, as noted above, those transcripts were part of a joint exhibit that the parties attached to, and incorporated into, the stipulation of facts that they offered into evidence at the beginning of the trial. At that time, the Court admitted into evidence and made part of the record in this case that stipulation of facts together with the exhibits attached thereto. Although petitioner failed to preserve in the stipulation of facts any objection to the IRS transcripts, she objected at trial to the admissibility into evidence of those transcripts because “they appear that they are a form of the individual master file and * * * those aren’t admissible * * * because it’s not read- able.” The Court overruled petitioner’s objection at trial. On brief, petitioner renews her objection. Petitioner contends on brief that the IRS transcripts are “not admissible as a matter of law.” That is because, according to petitioner, those transcripts are “indecipherable” and “To be considered at all, it [sic] can only be considered when admitted with the 6209 Manual.” In support of her contention that the IRS transcripts are inadmissible “as a matter of law”, petitioner relies on Huff v. United States, 10 F.3d 1440 (9th Cir. 1993), and United States v. Buford, 889 F.2d 1406 (5th Cir. 1989). We find those cases to be distinguishable from the instant case and petitioner’s reliance on them to be misplaced. Neither Huff norPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011