Charles E. Marquart, III - Page 9

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            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 this                                





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