- 11 - testimony, respondent offered computer transcripts of account for petitioner’s 1998 through 2001 years under rule 803(6) or (8) of the Federal Rules of Evidence.6 Petitioner once more objected that the transcripts were hearsay and were created from hearsay, but these complaints were overruled and the exhibit was received into evidence. Following the trial, respondent on October 22, 2004, filed a motion to impose a penalty under section 6673. Each party also filed a posttrial brief. OPINION I. Contentions of the Parties On brief, petitioner’s essential premise is that respondent bears the burden of proving receipt of unreported income, and respondent failed to meet that burden here. Petitioner argues that because the business records accompanying the declaration of GCE’s human resources and payroll manager are inadmissible, no evidence supports the determinations made in the notices of deficiency. Specifically, petitioner contends that these materials are inadmissible because: (1) The documents were untimely provided under rule 902(11) of the Federal Rules of Evidence; (2) the records are incomplete; and (3) the records are 6 Although the transcript indicates that counsel for respondent inadvertently referred to rule “802(6) or (8)”, it is clear that rule 803(6) or (8) of Federal Rules of Evidence was intended.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