- 12 - secondary evidence. He also makes a brief reference to Rule 143(b) as a basis for excluding the declaration of Ms. Wittman. In contrast, it is respondent’s position that the record in these cases establishes petitioner’s receipt of unreported income from GCE and consequent liability for income taxes, self- employment taxes, and additions to tax thereon. For the reasons detailed below, the Court agrees with respondent. II. Fifth Amendment As previously indicated, certain of the facts for purposes of these cases were deemed stipulated pursuant to Rule 91(f). The Court determined petitioner’s objections to the proposed stipulations of fact, premised principally on the Fifth Amendment, to be without merit. Because petitioner reiterated at trial that he believed such objections were “a proper application of the Fifth Amendment rights”, a few preliminary remarks on this issue are in order. In the words of the U.S. Supreme Court: “It is well established that the [Fifth Amendment] privilege protects against real dangers, not remote and speculative possibilities.” Zicarelli v. New Jersey State Comm. of Investigation, 406 U.S. 472, 478 (1972); see also McCoy v. Commissioner, 696 F.2d 1234, 1236 (9th Cir. 1983) (“A valid Fifth Amendment objection may be raised only to questions which present a real and appreciablePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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