- 30 - 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 thePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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