- 32 - and consent that they might be used against the taxpayers in a civil tax controversy. See id. at 27. We considered the cost to the Court’s truth-finding function of suppressing the documents and evidence in question and concluded: “This cost is not warranted here due to factors of remoteness and unsuitability of the sanction as it relates to the violation of the rights and the use of the fruits of such violation.” Id. C. Discussion For a taxpayer to prevail in his claim that the Commissioner violated his Fourth Amendment rights by obtaining evidence by fraud, trickery, or deceit, the taxpayer must show an affirmative act of misrepresentation by the Commissioner. See United States v. McKee, supra; United States v. Peters, supra; Jones v. Commissioner, supra at 28.6 He must also show some resulting prejudice to his rights, see United States v. Grunewald, supra at 534, and that evidence actually was obtained as a result of the alleged deception; see United States v. McKee, supra at 542. Petitioner bears the burden of proof, see supra sec. V., and, as we said in Jones v. Commissioner, supra at 28: “To prevail, petitioners must show by clear and convincing evidence the fraud 6 Petitioner asks us to suppress documents voluntarily disclosed to respondent. He does not appear to be making a Fifth Amendment claim with respect to those documents. In any event, petitioner has no Fifth Amendment privilege to protect against the compelled production of incriminating documents that have been disclosed voluntarily to respondent and are in respondent’s possession. See Fisher v. United States, 425 U.S. 391 (1976).Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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