Dear Austin

I haven't read all the replies to your post so forgive me if I am duplicating other replies, but I think you should consider recording such conversations for archival if not evidentiary purposes. Here's how:

Download and install the free Skype internet telephony software. Buy the SkypeOut service that lets you call regular telephones. It's VERY cheap. Next add the HotRecorder for VoIP tool that allows you to record conversations held over the Internet. It's only fifteen bucks for the pro version. Now you can digitally record all your calls for tax info and play them back anytime.

Having said all this, you must follow the legal guidelines in your state for recording phone calls. In Tennessee, as in most, but not in all states, you may record a call that you are a party to:

  Tennessee Code 39-13-601:

"(5)  It is lawful under §§ 39-13-601 — 39-13-603 and title 40, chapter 6, part 3 for a person not acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the state of Tennessee."

If you call from one state to another state then I believe the Federal rules apply: 18 U.S.C. §2511(d):

"(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State."

However, some states require the consent of both parties: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Check with an attorney in those states to see what constitutes "consent" within the meaning of their statutes.

You can learn more about Skype and HotRecorder in the "Tools, Tips & Amusements for Title Abstractors, Lawyers, and the Cognoscenti" section at my website.

Sincerely,

David Case

www.wdavidcase.com