Alan D. Stang - Page 12

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          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 appreciable               







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