- 8 - determinations of petitioners’ tax liability and additions to tax are correct. II. Admissibility of Respondent’s Exhibits Respondent introduced the following exhibits at trial to which Terry objected on the grounds that the declarations and accompanying documentation did not satisfy the substantive requirements of rule 803(6) and rule 902(11) of the Federal Rules of Evidence: (1) Copies of Form 4340, for each petitioner for 2001; (2) declarations of (and accompanying Forms 1099) Julie Yows, Donna Cooper, Deborah S. Kerns, and Marlene Mills; and (3) copies of three checks from Dollarhide payable to Major Computer Services.7 In general, section 7453 and Rule 143(a) provide that Tax Court proceedings shall be conducted in accordance with the rules of evidence (Federal Rules of Evidence) applicable in trials without a jury in the United States District Court for the District of Columbia. Clough v. Commissioner, 119 T.C. 183, 188 (2002). 7 The Court notes that respondent submitted two exhibits consisting of checks from Dollarhide to Major Computer Services. At trial, Terry objected to one of the two exhibits, identified as “8-R”, but he did not offer any objection to an exhibit that was substantially similar, identified as “7-R”. The Court admitted both exhibits into evidence. However, on brief, it appears that petitioners now object to the admission of both exhibits “7-R” and “8-R”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011