Crop Associates-1986, Frederick H. Behrens, Tax Matters Partner - Page 29




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          actions, and petitioner has failed to demonstrate any harm to the           
          partnership on account of such recording.                                   
               Petitioner’s complaint with respect to respondent’s                    
          monitoring or recording of conversations fails to establish any             
          ground on which to base any sanction of respondent in this case.            
          VII.  "Use of fraud, deceit and trickery in order to procure                
               evidence for a criminal investigation.”                                
               A.  Introduction                                                       
               In the motion, petitioner claims:                                      
                    The Respondent’s civil examination of the AMCOR                   
               partnerships began in May 1988.  Although a concurrent                 
               criminal investigation of the partnerships was ongoing,                
               the Respondent’s agents failed to notify AMCOR or its                  
               general partners.  Moreover, during the time the two                   
               investigations were proceeding concurrently, civil                     
               agents, acting as undercover criminal investigators,                   
               collected thousands of pages of documents from the                     
               AMCOR partnerships.  These are the very documents                      
               Respondent wishes to introduce as evidence during the                  
               trial of this matter.                                                  
          Petitioner demands:                                                         
                    Documents voluntarily disclosed to Respondent’s                   
               civil examination agents during the time such agents                   
               were acting as undercover criminal agents, should be                   
               suppressed.  United States v. Tweel, 550 F.2d 297, 299                 
               (5th Cir. 1977).  Information voluntarily produced by a                
               taxpayer cooperating with what he believes to be a                     
               civil investigation must be suppressed if he was misled                
               and the investigation really was criminal.  Id.                        
          In petitioner’s memorandum, he states:                                      
               This case involves a clandestine criminal investigation                
               supported by civil agents, with the specific purpose of                
               obtaining evidence of criminal and civil fraud.  The                   
               result, however, was that Respondent illegally acquired                
               substantial volumes of documents, interviews and other                 






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