Alan D. Stang - Page 11

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          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.                                                                   





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