Robert Rodriguez - Page 6

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          are secondary evidence, and that respondent has no personal                 
          knowledge as to the validity of the documents.  The documents               
          were received into evidence over the objection of petitioner.               
               We find that the evidence provided by respondent was                   
          reliable in that it met the hearsay and authentication exceptions           
          in rules 803(6) and 902(11) of the Federal Rules of Evidence.               
          All of the underlying documents were kept in the regular course             
          of business, and the declarations of the validity of these                  
          documents were made by people familiar with their use.                      
          Petitioner did not introduce any evidence to refute the validity            
          of the evidence.  In addition, petitioner has again failed to               
          provide any evidence that the income determined by respondent is            
          in error or that he is entitled to file a return claiming marital           
          status or any deductions.  The failure of petitioner to present             
          any evidence leaves the Court no basis for making any findings              
          that support petitioner’s assertions.                                       
               Petitioner also argued that he was prejudiced by the                   
          documents offered by respondent due to the lack of a fair                   
          opportunity to inspect the documents.  Petitioner’s claim is                
          without merit.  First, some of the documents had petitioner’s               
          signature on them, indicating he was familiar with the evidence             
          presented.  Second, the documents offered at trial were                     
          related to petitioner’s wage income.  We find it extremely                  








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