Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 265

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          Lerner; there is no guarantee that the accommodation did not                
          extend to the substance of the response.  We are not convinced              
          that Mr. Jouannet gave his response as a “disinterested” party.             
          Moreover, Mr. Jouannet’s response is not contemporaneous with               
          CDR’s transaction with the Ackerman group.                                  
               We also are not persuaded that Mr. Jouannet’s response is              
          more probative on the point for which it is offered than any                
          other evidence that petitioner could have procured through                  
          reasonable efforts.226  Although the record reflects that Mr.               
          Jouannet was the principal negotiator on the CDR side of the                
          transaction, we are not convinced that other individuals at CDR,            
          Generale Bank, or CLIS could not have testified regarding the               
          intentions of the banks.                                                    
               Finally, petitioner points to the fact that Mr. Jouannet is            
          deceased and is unavailable to testify as a basis for admitting             
          the response.  We are not persuaded that rule 807 of the Federal            
          Rules of Evidence contemplates admitting hearsay evidence solely            
          on the basis that the declarant is deceased.  See Estate of                 
          Temple v. Commissioner, 65 T.C. 776 (1976).  We are not persuaded           
          that the general purposes of the Federal Rules of Evidence and              

               226 The requirement that “the statement is more probative on           
          the point for which it is offered than any other evidence which             
          the proponent can procure through reasonable efforts” requires a            
          consideration of two factors:  (1) The availability of other                
          evidence on a particular point; and (2) whether such other                  
          evidence can be procured through reasonable efforts.  Goldsmith             
          v. Commissioner, 86 T.C. 1134, 1141 (1986).                                 





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