Roger W. Miller - Page 9

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                   Respondent determined deficiencies in income tax                                     
               resulting from unreported income earned from 1989 to 1993,                               
               as well as amounts due for failure to pay estimated tax.                                 
                                             Discussion                                                 
                     Petitioner contends that, under the principles of                                  
               collateral estoppel, respondent is barred from contesting                                
               the District Court finding that petitioner's constitutional                              
               rights were violated in the search and seizure.  We assume,                              
               for purposes of this proceeding, that petitioner's                                       
               constitutional rights were violated by the seizure at the                                
               Bellingham airport.  Cf. Houser v. Commissioner, 96 T.C.                                 
               184, 204 (1991).                                                                         
                   Assuming that his rights were violated, petitioner                                   
               contends that the exclusionary rule must be applied if:                                  
               (1) tax violations were within Reese's "zone of primary                                  
               interest", (2) there was a demonstrable understanding that                               
               information gathered by one agency could be utilized by                                  
               another, or (3) Reese did not act in good faith during the                               
               search and seizure.  Petitioner further contends that all                                
               three of these things occurred and that all evidence                                     
               obtained as a result of the seizure at the Bellingham                                    
               airport should be suppressed in this case.  Respondent                                   
               maintains that none of the three circumstances describe the                              







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