Raymond A. Heers - Page 7

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          Insurance Contracts, etc., and other business records obtained              
          from and certified by VALIC and business records obtained from              
          and certified by Nationwide, including the contract for services            
          between petitioner and Nationwide and copies of petitioner’s                
          invoices for services rendered during 2000.  Respondent                     
          introduced the business records through written declarations                
          under rules 803(6) and 902(11) of the Federal Rules of Evidence.4           
               The business records that respondent introduced at trial               
          establish that petitioner received nonemployee compensation                 
          during 2000.  The business records include a contract between               
          petitioner and Nationwide in which Nationwide agreed to solicit             
          work for petitioner for a fee, invoices for service that show the           
          time expended by petitioner and petitioner’s earnings for such              
          work, and agency fee checks for petitioner’s work as an                     
          independent contractor during 2000.  The invoices support                   




               4Petitioner argued on brief that respondent had the burden             
          of proof regarding the unreported income adjustments and that               
          respondent did not satisfy that burden because the business                 
          records offered at trial were inadmissible.  As we discuss                  
          elsewhere in this opinion, petitioner, not respondent, had the              
          burden of proof regarding the unreported income.  Moreover, even            
          though respondent had an initial burden of producing evidence               
          connecting petitioner to the unreported income, respondent                  
          satisfied his burden by introducing the VALIC and Nationwide                
          business records.  The business records in question were kept in            
          the regular course of business and were properly authenticated in           
          certifications submitted under Fed. R. Evid. 803(6) and 902(11).            
          Therefore, the records were properly admitted into evidence at              
          trial, and we do not consider petitioner’s arguments further.               





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