- 2 - William J. Johnston, for petitioner. Gregory M. Hahn, for respondent. MEMORANDUM OPINION LARO, Judge: Charles E. Marquart III has filed a motion in limine seeking to exclude documents police officers seized from his residence.1 Petitioner contends the documents were seized in the course of an improper search which egregiously violated his Fourth Amendment right to be free of unreasonable searches and seizures. Petitioner concedes that if we do not exclude the disputed documents, he is liable for income tax deficiencies and additions to tax in amounts to which the parties have agreed.2 1 Petitioner's motion literally asks the Court to restrict respondent from "presenting testimony concerning the calculation of the amount of [his] indebtedness". However, the parties have argued and treated the motion as though it were aimed at excluding the seized documents from which respondent's calculations were derived. We do the same. 2 Petitioner originally sought redetermination of the following income tax deficiencies determined by respondent: $20,253, $15,272, $10,323, $11,280, and $11,426 for the years 1991 through 1995, respectively. He also sought redetermination of additions to tax for the same years under secs. 6651(a) and 6654 in the combined amounts of $6,227, $4,484, $3,012, $3,399, and $3,481 respectively. Section references are to the Internal (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011