- 14 - settlement was inadmissible under rule 408 of the Federal Rules of Evidence. Following argument on the relevance and admissibility of evidence of the alleged settlement, the District Court, relying on Ecklund v. United States, 159 F.2d 81 (6th Cir. 1947), held that even if the evidence showed that the Government had settled its civil claims with petitioner, proof of the settlement was inadmissible under rule 408 of the Federal Rules of Evidence. Nevertheless, the District Court held a hearing on December 20, 1990, in the absence of the jury for the purpose of determining whether the civil tax case of petitioner had been settled with respondent. Mr. Nolan and Ms. Kaplan testified at the criminal hearing on behalf of petitioner, and Mr. Kletnick testified on behalf of the Government, offering contradicting testimony. The record in the criminal hearing included Mr. Nolan's letters of December 29, 1987, and January 7, 1988, Ms. Kaplan's letter of January 15, 1988, and a transcript of the Tax Court pretrial conference of February 25, 1988. At the conclusion of the hearing, the District Court, crediting Mr. Kletnick's testimony, found that no settlement had occurred between respondent and petitioner for 1982 or 1983. In sum, the District Court precluded petitioner from presenting to the jury evidence that respondent had agreed that petitioner could deduct 20 percent of his partnership losses bothPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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