-331- 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).Page: Previous 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 Next
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