Paul L. Bowman - Page 17




                                       - 17 -                                         
          and 2002 in determining whether to grant respondent’s motion.11             
               Petitioner does not dispute that respondent issued to him              
          the 2001 notice of deficiency and the 2002 notice of deficiency,            
          that he received such notices, and that he failed to file a                 
          petition in the Court with respect to such notices.12  Where, as            
          is the case here, the validity of the underlying tax liability is           

               11Petitioner also raises evidentiary objections under FRE              
          1004 and FRE 1006 with respect to the respective Forms 4340                 
          relating to petitioner’s taxable years 2001 and 2002.  According            
          to petitioner, each such form is (1) “other evidence” of the                
          coded transcript of account with respect to each of petitioner’s            
          taxable years 2001 and 2002 within the meaning of FRE 1004 and              
          (2) a summary record within the meaning of FRE 1006.                        
               With respect to petitioner’s objection under FRE 1004, that            
          rule provides that other evidence of an original writing is                 
          admissible under certain circumstances.  We reject petitioner’s             
          argument that Form 4340 with respect to each of petitioner’s                
          taxable years 2001 and 2002 is other evidence of the coded                  
          transcript of account relating to each of those years within the            
          meaning of FRE 1004.  See supra note 8.                                     
               With respect to petitioner’s objection under FRE 1006, as              
          discussed above, that rule provides that the contents of volumi-            
          nous writings that cannot conveniently be examined in court may             
          be presented in summary form if the writing is made available for           
          examination or copying, or both, by other parties at a reasonable           
          time and place.  We reject petitioner’s argument that Form 4340             
          with respect to each of petitioner’s taxable years 2001 and 2002            
          is a summary record within the meaning of FRE 1006.  See supra              
          notes 8 and 9.                                                              
               We note that Form 4340 with respect to each of petitioner’s            
          taxable years 2001 and 2002 is a self-authenticating document               
          under FRE 902.  We further note that, even if we were to decline            
          to consider each such form, our findings and conclusions herein             
          would not change.                                                           
               12Nor does petitioner dispute that he is liable for 2001 and           
          2002 for the respective deficiencies in, and the respective                 
          additions to, petitioner’s tax that respondent determined in the            
          2001 notice of deficiency and the 2002 notice of deficiency.                





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