Estate of Temple v. Commissioner

Held, the transcript of the testimony given by the taxpayer's accountant before a Federal grand jury is not qualified as an exception to the hearsay rule under rule 803(24) or 804(b)(5) of the Federal Rules of Evidence and accordingly may not be received as substantive evidence in a subsequent civil action involving the tax liability of the taxpayer, where both the accountant and the taxpayer were deceased and therefore unavailable to testify at the trial, there was no cross-examination or opportunity for cross-examination of the accountant by the taxpayer or his representative, and, in view…