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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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