Nathaniel Caleb Avery - Page 6

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          any objections and motions to the aforementioned exhibits                   
          received into evidence.                                                     
               The Court allowed petitioner’s counsel to examine the five             
          exhibits admitted into evidence earlier in the day “and to make             
          now any objections and appropriate motions.”  Petitioner’s                  
          counsel objected to two of the exhibits; namely, Exhibits 1-R and           
          2-R.  As to Exhibit 1-R, petitioner’s counsel stated his                    
          objection as follows:  “I object to this as hearsay.  I do not              
          believe that it rises to the level of an exception under the                
          business records rule.  There’s no attestation as to its                    
          veracity.  The only thing we have for identification is an Avery            
          C.  Anybody could have created these spreadsheets.”  Respondent’s           
          counsel replied:  “I received these records from the bankruptcy             
          trustee.  They did not have any way to reach a custodian of the             
          records, because Efeckta is in bankruptcy right now.  These                 
          records are accurate payroll records that were faxed to me.  The            
          bankruptcy trustee said this was all he had for Nathaniel Caleb             
          Avery.”  The Court took petitioner’s objection to the                       
          admissibility of Exhibit 1-R under advisement.                              
               As to Exhibit 2-R, petitioner’s counsel acknowledged that              
          the exhibit was a certified copy of a computer-generated                    
          transcript of the Internal Revenue Service (IRS) showing that the           
          respondent’s records reported that the respondent had received              
          the Form W-2 at issue herein, but petitioner’s counsel stated               






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Last modified: May 25, 2011