George Tsakopoulos and Drousoula Tsakopoulos - Page 11




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               Respondent argues that the report is admissible under the              
          following hearsay exceptions of the Federal Rules of Evidence:              
          rule 803(6), Records of regularly conducted activity; rule                  
          803(8), Public records and reports; and rule 803(15), Statements            
          in documents affecting an interest in property.                             
               Petitioner argues that the report cannot be admitted under             
          Fed. R. Evid. 803(15) because the report does not affect an                 
          interest in property.                                                       
               Under Fed. R. Evid. 803(15), there are three elements for              
          its application:  (1) The document must purport to establish or             
          affect an interest in property; (2) the statement must be                   
          relevant to the purpose of the document; and (3) subsequent                 
          dealings with the property cannot be inconsistent with the truth            
          of the statement or the purport of the document.7                           
               The document affects an interest in property.  The Court has           
          held that statements, imprints, and notations of transfer tax               


               7  Fed. R. Evid. 803(15), provides:                                    
                    The following are not excluded by the hearsay                     
               rule, even though the declarant is available as a                      
               witness:                                                               
                    (15) Statements in documents affecting an interest                
               in property.--A statement contained in a document                      
               purporting to establish or affect an interest in                       
               property if the matter stated was relevant to the                      
               purpose of the document, unless dealings with the                      
               property since the document was made have been                         
               inconsistent with the truth of the statement or the                    
               purport of the document.                                               






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