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determined that petitioners are liable for the section 6662(a)
accuracy-related penalty for negligence or disregard of rules or
regulations with respect to $14,359 of the underpayment resulting
from the DSBS 87-C computational adjustment.
OPINION
I. Evidentiary Issues
As a preliminary matter, we address evidentiary issues
raised by the parties in the stipulations of facts. The parties
reserved objections to a number of the exhibits and paragraphs
contained in the stipulations, all on the grounds of relevancy.
Federal Rule of Evidence 4025 provides the general rule that all
relevant evidence is admissible, while evidence which is not
relevant is not admissible. Federal Rule of Evidence 401
provides that “‘Relevant evidence’ means evidence having any
tendency to make the existence of any fact that is of consequence
to the determination of the action more probable or less probable
than it would be without the evidence.” While certain of the
exhibits and stipulated facts are given little to no weight in
our finding of ultimate facts in this case, we hold that the
exhibits and stipulated facts meet the threshold definition of
“relevant evidence” under Federal Rule of Evidence 401, and that
the exhibits and stipulated facts therefore are admissible under
Federal Rule of Evidence 402. Accordingly, to the extent that
5The Federal Rules of Evidence are applicable in this Court
pursuant to sec. 7453 and Rule 143(a).
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