- 9 - Cir. 1994), and Adamson v. Commissioner, 745 F.2d 541 (9th Cir. 1984), affg. T.C. Memo. 1982-371. Orhorhage v. INS, supra, was not a tax case. In Orhorhage, the Court of Appeals for the Ninth Circuit found that an Immigration and Naturalization Service (INS) agent acted egregiously. It barred the INS, the agency which employed the officer, from using evidence he had seized in a civil deportation proceeding. The fact that, in Orhorhage, a single Federal agency was involved in the illegal search and in the subsequent civil enforcement proceeding weakens its precedential value in this case. In Adamson v. Commissioner, supra, which was a Federal civil tax case, the Court of Appeals for the Ninth Circuit found there was no egregious behavior and, therefore, no need to exclude disputed evidence. In its most recent pronouncement on the subject, the Court of Appeals reserved judgment on whether it would exclude evidence in a civil tax proceeding solely on the basis of egregious police misconduct. Grimes v. Commissioner, supra at 288 n.3. Since the Supreme Court's ruling in United States v. Janis, supra, this Court has been reluctant to exclude otherwise admissible evidence solely because of official misconduct. See Jones v. Commissioner, 97 T.C. 7, 27 (1991); Miller v. Commissioner, T.C. Memo. 1998-72; Weiss v. Commissioner, T.C. Memo. 1988-586, affd. 919 F.2d 115 (9th Cir. 1990). In thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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