Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 4

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                  Petitioner argues that Exhibits AF and AE are not admissible                           
            pursuant to Federal Rules of Evidence 408 (hereinafter rule 408)                             
            and section 7121, and that Exhibits AD and AG are not admissible                             
            pursuant to this Court's standing pretrial order.  Over                                      
            petitioner's objection, these items were offered at trial subject                            
            to the parties' arguing their admissibility on brief.                                        
            Exhibits AF and AE                                                                           
                  Petitioner contends that Exhibits AF and AE should be                                  
            excluded from evidence pursuant to Federal Rules of Evidence                                 
            408.2  Petitioner argues that these exhibits are inadmissible                                
            evidence of settlement negotiations.  Petitioner contends that                               
            these exhibits relate to issues raised in connection with a case                             
            before this Court titled Estate of Davenport v. Commissioner,                                
            docket No. 26022-83.  That case involved the issues of (1)                                   
            ownership of shares of Hondo, and (2) the value attributable to                              
            that stock.   Respondent contends that respondent does not seek                              
            to introduce the documents to prove liability for, validity or                               
            invalidity of, or the amount of the claim which was the subject                              


                  2  Fed. R. Evid. 408 provides, inter alia:                                             
                        Evidence of (1) furnishing or offering or                                        
                  promising to furnish, or (2) accepting or offering or                                  
                  promising to accept, a valuable consideration in                                       
                  compromising or attempting to compromise a claim which                                 
                  was disputed as to either validity or amount, is not                                   
                  admissible to prove liability for or invalidity of the                                 
                  claim or its amount.  Evidence of conduct or statements                                
                  made in compromise negotiations is likewise not                                        
                  admissible. * * *                                                                      




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