- 52 - in Sun Microsystems, Inc. v. Commissioner, supra, that is, considering all the facts and circumstances of the transaction between Sun and CV, is also appropriate in resolving the issue presented in the instant case.16 We note initially that an allowance otherwise constituting a trade discount should not be treated differently for tax purposes simply because it takes the form of property that may ordinarily 16 Petitioners have objected, solely on grounds of relevance, to the admission of certain stipulations and exhibits concerning the transaction between Sun and CV that occasioned CV’s acquisition of the second warrant. Petitioners, however, rely on certain of the stipulations and exhibits in their proposed findings of fact, and we deem petitioners to have conceded that those stipulations and exhibits are relevant to the instant case. We consider the remainder of the stipulations and exhibits relevant to the instant case because our decision as to whether the second warrant constitutes a trade discount or a capital asset must be based on all the facts and circumstances concerning the second warrant. Fed. R. Evid. 401. Moreover, even if the stipulations and exhibits do not bear directly on the matters in dispute herein, we find the stipulations to be admissible as background evidence aiding our understanding of those matters, and concerning which we have wide discretion in admitting. United States v. Blackwell, 853 F.2d 86, 88 (2d Cir. 1988); United States v. Daly, 842 F.2d 1380, 1388 (2d Cir. 1988). Respondent objects to petitioner’s offer of respondent’s trial memorandum submitted in Sun Microsystems, Inc. v. Commissioner, T.C. Memo. 1993-467, on the grounds that it is irrelevant to the instant case. However, for the same reasons that we admitted the stipulations and exhibits referred to above, we admit the trial memorandum. Respondent also objects to petitioners’ offer of an expert report submitted by respondent in Sun Microsystems, Inc. v. Commissioner, supra, on the grounds that the report is irrelevant, hearsay, and constitutes opinion evidence offered without compliance with Rule 143. We declined to admit the report into evidence in Sun Microsystems, Inc. v. Commissioner, supra, because we found it, inter alia, argumentative and irrelevant, and we decline to admit it in the instant case.Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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