Harm De Boer - Page 32

                                       - 32 -                                         

          is nothing in respondent's settlement offer that was "otherwise             
          discoverable" within the meaning of rule 408.  We agree with                
          respondent and have not considered the Appeals officer's                    
          settlement proposal for any purpose.                                        
          Issue (d).  Exhibits J and K, Petitioner's 1992 and 1993 Tax                
          Returns                                                                     
               Petitioner objects, on the ground of lack of relevance, to             
          the admission of his 1992 and 1993 Federal income tax returns.              
          Respondent maintains that petitioner's returns for the years 1992           
          and 1993 are evidence that petitioner is still earning no revenue           
          from his drilling activity.  This, respondent argues, is relevant           
          to the determination of whether petitioner carried on a trade or            
          business.  Petitioner maintains that the years covered in this              
          case include years prior to 1992, and evidence relating to                  
          whether he maintained a trade or business should be limited to              
          those years.                                                                
               We agree with respondent.  The tax years before this Court             
          are 1986 and 1991.  Respondent seeks admission of the 1992 and              
          1993 tax returns for the purpose of showing that De Boer Drilling           
          Co. continued to earn no revenue.  This evidence is relevant to             
          whether petitioner was engaged in a trade or business in 1991,              
          the immediately preceding year.                                             









Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  

Last modified: May 25, 2011