Homer L. Richardson - Page 28

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               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 reality             






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