- 44 - rule when the statement sought to be introduced is only collateral to the statement against the declarant’s interest. Williamson v. United States, 512 U.S. 594, 599-600 (1994). Such is the case with the statement respondent seeks to introduce. We accordingly decline to consider respondent’s allegation that petitioner had embezzlement income in an increased amount of $17,700 from Ms. R. The sole basis for the allegation is inadmissible hearsay.9 With respect to respondent’s original determination that petitioner had embezzlement income of $15,000 from Ms. R. in 1990, the two letter memoranda executed by petitioner establish to our satisfaction that petitioner received $5,000 and $10,000 from Jennifer R. in July and November 1990, respectively. In these memoranda, petitioner acknowledges receipt of the foregoing amounts, promises to invest the money, and guarantees a “minimum return” or “return” of 25 percent in 1 year (in one instance) or 45 days (in the other). We are struck by the similarity of these arrangements with those that petitioner foisted upon John K. That is, in the same year, with respect to both John K. and Jennifer R., petitioner first obtained a substantial sum 9 Respondent also concedes on brief that the revenue agent’s notes provide the sole basis for his determination that petitioner had unreported income of $2,600 in 1990 from the sale of electronics to Jennifer R. Because the notes are likewise inadmissible hearsay with respect to this transaction, there is no competent evidence that petitioner had this specific item of income, and we accordingly do not sustain the determination.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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