-4- Hickey a final notice of determination denying her any such relief. Following a short trial on these cases, inclusive of an evidentiary hearing on a motion by petitioners to suppress all documents and testimony (collectively, proffered evidence) related to the Commissioner’s determinations and allegations of fraud, we decide whether we shall grant that motion to suppress.2 We hold that we shall not. Given this holding, petitioners concede all other issues in these cases, including their liability for the deficiencies, additions to tax, penalties, and accuracy-related penalties determined by respondent (except to the extent conceded by respondent in his answers), and whether Hickey is entitled to her requested relief under section 6015. FINDINGS OF FACT Some facts were stipulated. We incorporate herein by this reference the parties’ stipulation of facts and the exhibits submitted therewith. We find the stipulated facts accordingly. 2 Petitioners’ motion was filed as a motion to dismiss for cause, or, alternatively, to suppress the proffered evidence. A dismissal of the deficiency cases generally would require that the Court enter decisions finding that the deficiencies in tax, additions thereto, and penalties are the amounts determined in the notices of deficiency. See Estate of Ming v. Commissioner, 62 T.C. 519 (1974); see also sec. 7459(d); cf. Wagner v. Commissioner, 118 T.C. 330, 331-332 (2002). Given that result, which petitioners obviously do not desire, we consider in the deficiency cases only so much of their motion as relates to suppression of evidence. We consider their motion in its entirety in the remaining case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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