Patrick Carlin Hickey, et al. - Page 4

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          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.                                             





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