- 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
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