Terri Armstrong - Page 11




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          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 nor            






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