- 12 - that he did not have the affidavits at trial because he expected the trial to be 2 weeks after the calendar call. We deny his request for reasons stated next. Reopening the record to submit additional evidence is a matter within the discretion of the trial court. Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 331 (1971); Butler v. Commissioner, 114 T.C. 276, 286-287 (2000). A court generally will not grant a motion to reopen the record unless, among other requirements, the evidence relied on (1) is material to the issue for decision and (2) probably would change the outcome of the case. Butler v. Commissioner, supra at 287. Dunstan’s affidavit states that petitioner misunderstood that a stock transaction was a nontaxable exchange and not a sale. Dunstan’s affidavit does not show that the sales of mutual fund shares were nontaxable exchanges, that Dunstan believed or told petitioner that they were nontaxable exchanges, that Dunstan was a tax professional, or that petitioner relied on Dunstan’s advice. Petitioner has not provided any other affidavits. Thus, we have no reason to believe that, if admitted, the affidavits would change the outcome of this case. In addition, affidavits are generally inadmissible to show the proof of the contents because they are hearsay. Woodall v. Commissioner, T.C. Memo. 2002-318 n.6; Yang-Wu v. Commissioner, T.C. Memo. 2002-68 n.11;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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