- 47 - Rules of Criminal Procedure included, Department of Justice attorney's review notes and letters, agreements executed by the AMCOR partnerships, letters, promissory notes, leases, a two-page letter to William K. Shipley, Deputy Regional Counsel, Internal Revenue Service, from Stanley F. Krysa, Director of the Tax Division's Criminal Enforcement Section, dated March 1, 1993 (EX 17-P) and fourteen pages of an internal Department of Justice Tax Division Memorandum ("DOJ Memo") prepared by Ronald A. Cimino, Stanley F. Krysa and James A. Bruton. (EX 90-P) Rule 6(e) of the Federal Rules of Criminal Procedure (Fed. R. Crim. P. 6(e)) sets forth the general requirement of secrecy for grand jury proceedings. Where respondent has obtained and used grand jury materials in violation of Fed. R. Crim. P. 6(e), the Court in one instance has sanctioned respondent. Cohen v. Commissioner,42 T.C.M. (CCH) 312, 1981 T.C.M. (P-H) par. 81,901 (exclusion of certain evidence and shifting burden of going forward with evidence). We did so where such sanctions were appropriate as a deterrent to future unlawful conduct. Compare Cohen v. Commissioner, id., with Kluger v. Commissioner, 83 T.C. 309 (1984) (suppression of materials inappropriate when obtained in good faith regardless of whether Fed. R. Crim. P. 6(e) order was proper). In our findings of fact, we have described the motion for sanctions, made by the petitioning partners on July 22, 1994. The petitioning partners moved for sanctions based, in part, on a claim of breaches of grand jury secrecy. We denied the motion for sanctions. In doing so, we stated that, except with respectPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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