Rodney J. and Noreen E. Blonien - Page 33




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          that he agreed to be treated as a partner of Finley Kumble, at              
          least for certain purposes.                                                 
               However, because we lack jurisdiction to consider                      
          petitioners’ contention that Mr. Blonien was not a partner in               
          Finley Kumble, the document is not relevant to the resolution of            
          any issue in dispute in this case.                                          
               Finally, petitioners argue that Exhibit 17-J, a letter from            
          petitioners’ accountant to respondent, should not be admitted.              
          In the letter, petitioners’ accountant requested an abatement of            
          late-filing penalties.  In support of the request, petitioners’             
          accountant stated that abatement is appropriate because Mr.                 
          Blonien was a partner in Finley Kumble, and Finley Kumble had not           
          provided information to petitioners in time to enable them to               
          timely file their Federal income tax returns.  Petitioners argue            
          that these statements were not excepted from hearsay by rule                
          801(d)(2)(C) of the Federal Rules of Evidence (statements by                
          authorized agents of a party) because respondent failed to show             
          that the accountant was authorized by petitioners to make the               
          statements.                                                                 
               We need not consider these issues because the letter is                
          irrelevant to any issue in dispute in this case.  We have no                
          jurisdiction to consider petitioners’ argument that Mr. Blonien             
          was not a partner in Finley Kumble.  Therefore the letter will              
          not be admitted in evidence.                                                






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