-7- that the exhibit was hearsay. Respondent’s counsel replied that the exhibit “is an official business record from the I.R.S. It is not purporting to be a W-2. What it purports to be is W-2 information that was recorded from a third party, Efeckta Technologies, for Nathaniel Caleb Avery for the 2002 year. It reports his wages, his withholding, and this is a certified copy of that matter.” The Court overruled petitioner’s objection to the admissibility of Exhibit 2-R and admitted that exhibit into evidence. Petitioner did not stipulate any facts or documents, call any witnesses, or offer to introduce any evidence at trial. OPINION 1. Admissibility of Exhibit 1-R At trial, petitioner’s counsel objected to the admission of Exhibit 1-R on the grounds of hearsay. We overrule the objection. Proceedings in this Court are conducted in accordance with the Federal Rules of Evidence. See sec. 7453; Rule 143. Rule 801(c) of the Federal Rules of Evidence defines “hearsay” as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Rule 802 of the Federal Rules of Evidence provides that hearsay generally is not admissible except as otherwise provided.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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