- 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007