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petitioner’s exhibit does not show that his testimony was not
credible.
Petitioner contends that records that he kept by hand would
show that the computer records are untrustworthy and not
reliable. There is no evidence to support petitioner’s
contention. Petitioner did not offer any handwritten records
into evidence.
We conclude that the computer records are admissible under
rule 803(6) of the Federal Rules of Evidence.
2. Whether Summaries That Respondent Prepared Are
Admissible
Respondent’s agents used data from the computer records and
documents related to petitioner’s business to prepare summaries
of income from interest from banks and loans, check cashing fees,
and accounting fees. Petitioner contends that the summaries are
inadmissible because respondent’s agents prepared them as
evidence for use in the trial of this case. We disagree.
Summaries prepared for litigation are admissible if the
underlying documents have been admitted into evidence or
reasonably have been made available to the opposing party for
inspection. Fed. R. Evid. 1006. The summaries are admissible
because printed copies of the computer records and other
underlying documents were admitted in evidence and were available
to petitioner for inspection.
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