- 4 - Discussion A. Evidentiary Matters Petitioner objects to the admission into evidence of various third-party payment reports that respondent relied upon in making the deficiency determinations. Petitioner contends that the various Forms 1099-MISC, Miscellaneous Income (Forms 1099), and Forms W-2, Wage & Tax Statement, in question are not “bona fide” information reports because they were not “verified by a declaration that [they were] signed under penalties of perjury.” We have previously rejected this argument in similar circumstances and see no need to repeat our analysis here. See Spurlock v. Commissioner, T.C. Memo. 2003-124; see also Tinsman v. Commissioner, T.C. Memo. 2000-55, affd. 12 Fed. Appx. 431 (8th Cir. 2001).3 Petitioner also argues that the third-party information reports were improperly admitted into evidence because they lack adequate foundations and are hearsay. Ample testimony by qualified witnesses established that the third-party information reports satisfy the substantive requirements of Fed. R. Evid. 803(6) and 901. See Spurlock v. Commissioner, supra. 3 For reasons similar to those described in Spurlock v. Commissioner, T.C. Memo. 2003-124, we also reject petitioner’s argument that we should exclude, on the basis of respondent’s alleged noncompliance with the Court’s standing pretrial order, certain testimony and documentary evidence that respondent introduced.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011