Robert John Kayian, Transferee - Page 27

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          a particular taxable year after this Court had made a determina-            
          tion with respect to that debtor's tax liability.                           
               We agree with respondent that stipulation 72 and the exhibit           
          referred to therein are inadmissible under FRE 408.  The Advisory           
          Committee's Note to FRE 408 states in pertinent part:  "While the           
          rule is ordinarily phrased in terms of offers of compromise, it             
          is apparent that a similar attitude must be taken with respect to           
          completed compromises when offered against a party thereto."  56            
          F.R.D. 183, 226 (1973).  Stipulation 72 and the exhibit ref-                
          erenced therein are evidence of a completed compromise.  Each               
          petitioner claims that his liability as a transferee "depends on            
          Harry Kayian, Jr.'s status as a transferee, and because the                 
          government is now barred from asserting transferee liability                
          against him, Petitioners can have no liability."  Thus, petition-           
          ers are attempting to use stipulation 72 and the exhibit refer-             
          enced therein to establish the invalidity of respondent's deter-            
          minations that petitioners are liable as transferees.  We con-              
          clude that that evidence is inadmissible under FRE 408.  Conse-             
          quently, stipulation 72 and the exhibit referenced in that                  
          stipulation shall be deemed stricken from the record in these               

               3On brief, respondent makes no argument about the admissi-             
          bility of the testimony of Philip Doyle (Mr. Doyle), the attorney           
          who represented the United States in Mr. Kayian, Jr.'s bankruptcy           

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