- 4 - On November 27, 1995, petitioner met with respondent’s special agents and was advised that he and his wife were under investigation for possible criminal violation of the Federal income tax laws regarding their failure to file Federal income tax returns for 1990 through 1993. At that meeting, petitioner represented falsely to respondent’s representatives that he was a college graduate and a C.P.A. On January 5, 1996, petitioners filed late their joint Federal income tax returns for 1990, 1991, 1992, and 1993. 3(...continued) The basis for petitioner’s contention is that, during a subsequent criminal tax prosecution of petitioner, the Government did not give to petitioner a copy of the revenue agent’s written summary of the statement petitioner had made during the January 1994 conversation with the revenue agent. Petitioner alleges that the Government’s failure during the criminal proceeding to produce to petitioner this document constitutes a violation of Fed. R. Crim. P. 16(a)(1)(A) and that we should exercise our discretion in this civil tax proceeding to exclude the testimony of the revenue agent. Petitioner notes that, in appropriate circumstances, courts may exclude in civil proceedings evidence where the evidence was obtained in violation of an individual’s Fourth Amendment rights. See Tirado v. Commissioner, 689 F.2d 307, 308 (2d Cir. 1982), affg. 74 T.C. 14 (1980); Houser v. Commissioner, 96 T.C. 184, 195 (1991). In this case, we decline to apply the exclusionary rule to the revenue agent’s testimony. Fed. R. Crim. P. 16 is intended to encourage full discovery and eliminate unfair surprise at trial. Because petitioner pled guilty, there was no criminal trial. Any prejudice to petitioner’s plea negotiations that occurred as a result of petitioner’s failure to receive the revenue agent’s summary of petitioner’s January 1994 statements should have been dealt with in the criminal proceedings. Prior to the trial herein, petitioner was advised of the substance of the revenue agent’s testimony, and petitioner had ample time to prepare for that testimony. The revenue agent’s testimony is admissible.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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