Fred Allnutt - Page 13

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          that any exception to the hearsay rule applies, and it does not             
          appear that any exception applies.  Rule 803(6) of the Federal              
          Rules of Evidence provides an exception to the hearsay rule for             
          records that are kept in the course of a regularly conducted                
          activity and made at or near the time of the event by a person              
          with knowledge.  Petitioner testified that he was not familiar              
          with the records because his son maintained them.  Petitioner’s             
          son did not testify.  Petitioner has not met the requirements of            
          rule 803(6) of the Federal Rules of Evidence because petitioner             
          is not a qualified custodian of those records.                              
               Respondent did not object to the admission of petitioner’s             
          lists of equipment sold as a summary of petitioner’s testimony,             
          and the Court admitted them for that limited purpose.  See, e.g.,           
          Randall v. Commissioner, 56 T.C. 869, 874 n.4 (1971) (list                  
          treated as a summary of testimony that the taxpayer would have              
          given); Fast v. Commissioner, T.C. Memo. 1998-272 (list of                  
          expenses treated as summary of taxpayer’s testimony); Hall v.               
          Commissioner, T.C. Memo. 1996-71 (document admitted solely as a             
          summary of taxpayer’s testimony and given no evidentiary weight).           
               The information in the lists (except for the invoices and              
          purchase orders relating to the three pieces of equipment                   
          described above at paragraph 1 of the findings of fact) is wholly           
          uncorroborated.  A taxpayer must keep adequate records from which           
          to calculate his or her correct tax liability.  Sec. 6001; sec.             






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