Roger W. Miller - Page 15

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               rule works to preserve judicial integrity).  Petitioner                                  
               urges the application of a negligence standard of bad faith                              
               and relies in part on events occurring at the Border Patrol                              
               station subsequent to the seizure of cash at the airport.                                
               Petitioner recognizes that Reese's conduct at the airport                                
               was "not a significant departure from the rules of                                       
               engagement enjoyed by border patrol agents at the border."                               
               We are not persuaded that Reese's actions are the type of                                
               egregious violations that should lead to exclusion of                                    
               evidence other than as previously ordered by the District                                
               Court.  Even in cases where questionable conduct is                                      
               attributable to IRS agents, suppression of evidence                                      
               generally is not a suitable sanction in a civil tax case.                                
               Weiss v. Commissioner, 919 F.2d 115, 118-119 (9th Cir.                                   
               1990), affg. T.C. Memo. 1988-586; Jones v. Commissioner, 97                              
               T.C. 7, 27 (1991).  Nothing about this case causes us to                                 
               reexamine the consistent refusal of courts to apply the                                  
               exclusionary rule in this context.                                                       
                   We have considered the other arguments of the parties,                               
               and they are either without merit or unnecessary in view of                              
               our resolution of the issues.  There is no basis for                                     
               suppressing evidence in this case.                                                       
                                                          An Order calendaring                          
                                                    this case for further trial                         





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