- 28 - With respect to then ascertaining whether particular adjudicative facts are capable of accurate and ready determination, this Court has previously noted that “under rule 201, records of a particular court in one proceeding commonly are the subject of judicial notice by the same and other courts in other proceedings”, and “Also generally subject to judicial notice under rule 201 is the fact that a decision or judgment was entered in a case, that an opinion was filed, as well as the language of a particular opinion.” Estate of Reis v. Commissioner, 87 T.C. 1016, 1027 (1986). In a similar vein, we have observed: “Records of court proceeding are commonly the subject of judicial notice. * * * Although we may take notice of matters that cannot reasonably be questioned, the truth of assertions or findings (as distinguished from the fact that the assertions or findings were made) is ordinarily not properly the subject of judicial notice.” Steiner v. Commissioner, T.C. Memo. 1995-122 n.10. Given these standards, the situation at hand appears to present a somewhat atypical scenario. While taking judicial notice of the opinion by the Court of the Appeals for the Ninth Circuit and the fact that certain statements were made by Government agents in the course of the underlying proceeding would generally comply with the dictates of Fed. R. Evid. 201(b)(2), it is debatable whether the foregoing are in realityPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011