Charles E. Marquart, III - Page 2

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                  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...)                




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