125 T.C. No. 1 UNITED STATES TAX COURT VAN DER AA INVESTMENTS, INC., A DISSOLVED DELAWARE CORPORATION, TERRY L. VAN DER AA, TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 21342-03. Filed July 6, 2005. P has moved for partial summary judgment (the motion). R objects on the ground that P has failed to establish that there is no genuine issue as to any material facts. In particular, R claims that many of P’s exhibits constitute hearsay and are so unreliable that, without the opportunity for formal discovery and cross-examination, the documents should not be before the Court and the Court should not rely upon them in ruling on the motion. In support of the motion, P has offered an expert valuation report, claiming that it constitutes admissible hearsay as a business record under Fed. R. Evid. 803(6). 1. Held: The report is inadmissible hearsay without the availability of the preparing expert for cross- examination. See Fed. R. Evid. 705.Page: 1 2 3 4 5 6 7 8 9 10 11 Next
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