James M. Robinette - Page 30

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          Coy wrote Mr. Talbott stating:  “As I had mentioned, I prepared             
          the return for [petitioner], obtained his signature, and mailed             
          the return to the Service Center on the evening of October 15,              
          1999.”  This was brought to the attention of Mr. Talbott.                   
               Accordingly, we may consider evidence regarding this issue             
          at trial, if it is otherwise admissible under the Federal Rules             
          of Evidence.                                                                
               D. Whether the Evidence Is Admissible Under the Federal                
                    Rules of Evidence                                                 
               While we are not limited by the APA’s judicial review                  
          provisions in our proceedings arising under section 6330(d), our            
          review of materials not included in the Commissioner’s                      
          administrative record is subject to the Federal Rules of                    
          Evidence.  Section 7453 and Rule 143(a) provide that the Court’s            
          proceedings are to be conducted in accordance with the rules of             
          evidence applicable in trials without a jury in the U.S. District           
          Court for the District of Columbia.  Consistent with section 7453           
          and Rule 143(a), we must decide whether evidence in this case               
          which was not included in the administrative record is admissible           
          under the Federal Rules of Evidence in our proceedings arising              
          under section 6330(d).                                                      
               Respondent moved to strike the evidence on the ground of               
          relevancy.  “All relevant evidence is admissible. * * * Evidence            
          which is not relevant is not admissible.”  Fed. R. Evid. 402.               
          Relevant evidence “means evidence having any tendency to make the           





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