George Tsakopoulos and Drousoula Tsakopoulos - Page 12




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          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 his           






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