Jerry Lee Harvey - Page 27




                                        - 27 -                                         

          participated in creating petitioner's 1980 agreement, likewise               
          testified that he did not have the authority to compromise or                
          grant immunity from Federal taxes.  Accordingly, petitioner's                
          1980 agreement does not prevent respondent from determining                  
          deficiencies in petitioner's income taxes for 1978 and 1979.                 
          Issue 2.  Grand Jury Secrecy and Fed. R. Crim. P. 6(e)                       
               Petitioner asserts that respondent improperly used grand                
          jury information in violation of rule 6(e) of the Federal Rules              
          of Criminal Procedure.  Petitioner asserts that this information             
          formed the direct basis for the jeopardy assessments and notice              
          of deficiency for the taxable years 1978 through 1983 and                    
          indirectly led to the notices of deficiency involving the taxable            
          years 1985 through 1989, and 1992.                                           
               During the criminal tax proceedings in the Southern District            
          of Florida, petitioner's Cayman Islands records were obtained and            
          presented to the Federal grand jury.  Petitioner asserts that                
          information regarding his Cayman Islands accounts was improperly             
          disclosed and then used by respondent.                                       
               Generally, matters occurring before a Federal grand jury may            
          not be disclosed.  See Fed. R. Crim. P. 6(e).  Petitioner                    
          contends that respondent's determinations are based on                       
          information that was improperly obtained in violation of rule                
          6(e) of the Federal Rules of Criminal Procedure.                             







Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011