- 26 - 25. Respondent did not assert the accuracy-related penalty for a substantial underpayment, pursuant to I.R.C. � 6662(a), against MSSTA. Attached hereto as Petitioners' Exhibit 11 is a letter written by J. William Callison concerning his request that Respondent not assert such penalty. The stipulation is expressly limited to the existence of this letter, and is not intended as a stipulation to the truth of the matters asserted therein. Respondent specifically reserves the right to object to this stipulation, including the referenced exhibit, as inadmissible pursuant to Fed. R. Evid. 408. Respondent objects to the admission into evidence of (1) the first sentence of stipulation 25, (2) petitioners' exhibit 11, the letter written by Mr. Callison (Mr. Callison's letter) that is referenced in stipulation 25, and (3) certain testimony of Mr. Callison regarding that letter and his recollection of his discussions with the revenue agent who was auditing MSSTA's 1989 return. The principal ground for respondent's objections to those matters is that they are inadmissible under rule 408 of the Federal Rules of Evidence (FRE 408) because they constitute "evi- dence of conduct or statements made in compromise negotiations".6 As we understand their position, petitioners contend that the evidence to which respondent objects is not excluded by FRE 408 because (1) respondent "had not yet asserted" that MSSTA was 6 Respondent also objects to the evidence in question on rele- vancy grounds and on the ground that the evidence in question is an attempt to go behind the notices. As for the relevancy ob- jection, we indicated at trial that, assuming arguendo that we were to find the evidence to which respondent objects to be otherwise admissible, we shall give it whatever weight we deem appropriate.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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