- 4 - 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. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011