- 12 - authorities on documents are admissible under Fed. R. Evid. 803(15) as statements in documents affecting an interest in property. deRochemont v. Commissioner, T.C. Memo. 1991-600. Similarly, the report involves the assessment of taxes on the property. Further, the report is required to be filed in order for the State authorities to assess tax on the property concerned. Cal. Rev. & Tax. Code sec. 480.3 (West 1998). The statements within the report are relevant to the purpose of the document--to assess the correct tax. In addition, subsequent dealings with the property are not inconsistent with the truth of the statement or purport of the document because Angelo owns the entire property. Accordingly, we admit this document into evidence under rule 803(15) of the Federal Rules of Evidence. II. Stockton/Elsie Property A. Abandonment Loss Respondent argues that petitioner is not entitled to the deduction for an abandonment loss because: (1) Petitioner exchanged the property for Angelo’s guaranty that he would not be responsible for any expenses that Angelo had already paid on the property and future liabilities; (2) petitioner held the property for the benefit of Angelo, and the property was, therefore, not transferred to Angelo because Angelo already owned it; or (3) petitioner did not abandon the property but transferred it to hisPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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