- 8 - two Federal agencies were involved, the Court of Appeals for the Second Circuit found that there was no cooperative agreement between the Federal narcotics agents and the IRS. In the circumstances, the court held, the narcotics agents would not be deterred from illegal searches if the evidence they seized were excluded in a Federal civil tax proceeding. See also Grimes v. Commissioner, 82 F.3d 286, 290 (9th Cir. 1996); Wolf v. Commissioner, 13 F.3d 189, 194-196 (6th Cir. 1993), affg. T.C. Memo. 1992-432; Black Forge, Inc. v. Commissioner, 78 T.C. 1004, 1011-1012 (1982); Guzzetta v. Commissioner, 78 T.C. 173, 180-182 (1982). During the hearing on his motion, petitioner tried to elicit testimony that would establish the existence of a cooperative agreement between respondent and the officers who searched petitioner's house. He failed to do so and has now abandoned his contention that any such agreement existed. As a result, petitioner has abandoned his primary argument for excluding the documents in issue and now relies on an alternate argument to justify exclusion. Petitioner contends that to preserve judicial integrity, "egregious" police misconduct would justify the exclusion of evidence in a civil tax proceeding without regard to the allegedly misbehaving officers' "zone of interest". He supports this proposition by citing Orhorhage v. INS, 38 F.3d 488 (9thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011