- 16 - were unaccompanied by any underlying business records and because the accountants and translators are not identified in the record. Fed. R. Evid. 803(6); see also Fed. R. Evid. 1006. Petitioner contends that this case is like Gerling Intl. Ins. Co. v. Commissioner, 98 T.C. 640 (1992), in which we admitted summaries. We disagree. The summaries in Gerling were made at or near the time of the events recorded in the summaries and were regularly kept. Id. at 652-653. That is not the case here. We conclude, as we did at trial, that Exhibits 79-P, 80-P, and 81-P are inadmissible. c. Whether Petitioner’s Costs of Goods Sold Were Greater Than Respondent Determined Petitioner contends that Exhibits 79-P, 80-P, and 81-P show that his costs of goods sold were greater than respondent determined. We disagree because, as discussed above at paragraph B-2-b, those exhibits are not in evidence. Petitioner contends that Williams failed to count all of petitioner’s costs of goods sold because Panalpina’s numerical codes made it difficult to retrieve all records of petitioner’s imports. Petitioner also contends that the Panalpina records are unreliable because the Panalpina employee who gave them to respondent was not competent to do so because she was fired or forced to resign. Petitioner’s criticism of Williams and Panalpina misses the mark because petitioner bears the burden of proving that hisPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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