- 5 - of that business activity to make the memorandum, report, record, or data compilation, shown by the testimony of a qualified witness, unless the source of information or the method or circumstances of preparation indicate a lack of trustworthiness, is not excluded by the hearsay rule. Fed. R. Evid. 803(6); see Clough v. Commissioner, 119 T.C. 183, 188-189 (2002). The documents in question are business records prepared by Revenue Agent Bayles. There is no indication that the method or circumstances of preparation indicate a lack of trustworthiness. Accordingly, we admit these documents into evidence. II. Determination To Proceed With Collection Respondent concedes that the amount he originally assessed for 1992 was in error. Respondent originally assessed additional taxes due of $303,306 instead of $30,306 (the amount of tax determined in the notice of deficiency for 1992). On July 15, 2002, respondent abated $273,000 in tax and $174,493.09 in interest associated with this typographical error. Section 6320 provides that the Secretary shall furnish the person described in section 6321 with written notice (i.e., the hearing notice) of the filing of a notice of lien under section 6323. Section 6320 further provides that the taxpayer may request administrative review of the matter (in the form of a hearing) within a prescribed 30-day period. The hearingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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