- 27 - joint amended return in October 1996, as petitioner claimed.12 When petitioner’s case was eventually transferred to Appeals Officer Talbott, however, he was unable, after investigation, to establish that Astrid Downing had signed or had intended to file any joint return. The administrative record indicates that Appeals Officer Talbott requested petitioner to provide a statement from Astrid Downing that she had intended to file a joint return. Insofar as the record reveals, petitioner never provided such a statement. Ultimately, the final determination reflected Appeals Officer Talbott’s conclusion that petitioner and Astrid Downing never filed a valid 1995 joint return. On the 12 At trial, respondent objected to admitting these two documents into evidence on the grounds that “they are hearsay. They are the opinions of a lower level IRS agent. They are not the position of the Service and not binding on the Service.” The Court provisionally admitted the documents into evidence subject to respondent’s right to renew his objections on brief. On brief, respondent renews his objections, but on different grounds than asserted at trial. On brief, respondent does not assert any hearsay objection; we deem respondent to have waived any such objection. In any event, as shown by the discussion in the text, we do not rely upon these documents to prove the truth of the matters asserted therein; moreover, we do not rely upon Appeals Officer Dugan’s conclusions expressed in these documents and do not view them as binding upon the IRS. On brief, respondent also objects that admission of these documents into evidence is contrary to Fed. R. Evid. 602 and 701. We disagree. Fed. R. Evid. 602, which limits admissible testimony to matters as to which the witness has personal knowledge, is not germane, inasmuch as the documents in question do not represent testimony of a witness. Similarly, Fed. R. Evid. 701, which relates to opinion testimony by lay witnesses, is not germane. Accordingly, we overrule respondent’s new and renewed evidentiary objections to Exhibits 31-P and 32-P.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: November 10, 2007