Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 19

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                                       OPINION                                        
          I.   Evidentiary Issues                                                     
               As a preliminary matter, we address evidentiary issues                 
          raised by the parties in the stipulations of facts.  First, both            
          parties reserved objections in the stipulations on the grounds of           
          relevancy:  Petitioner reserved an objection to Exhibit 17-R, and           
          respondent reserved objections to Exhibits 400-P through 476-P,             
          Exhibits 478-P through 490-P, and paragraphs 10, 11, and 12 of              
          the Fourth Stipulation of Facts.  Federal Rule of Evidence 4027             
          provides the general rule that all relevant evidence is                     
          admissible, while evidence which is not relevant is not                     
          admissible.  Federal Rule of Evidence 401 provides that                     
          “‘Relevant evidence’ means evidence having any tendency to make             
          the existence of any fact that is of consequence to the                     
          determination of the action more probable or less probable than             
          it would be without the evidence.”  While certain of the exhibits           
          and stipulated facts are given little to no weight in our finding           
          of ultimate facts in this case, we hold that the exhibits and               
          stipulated facts meet the threshold definition of “relevant                 
          evidence” under Federal Rule of Evidence 401, and that the                  
          exhibits and stipulated facts therefore are admissible under                
          Federal Rule of Evidence 402.                                               


          7The Federal Rules of Evidence are applicable in this Court                 
          pursuant to section 7453 and Rule 143(a).                                   





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