- 134 - materials in the briefs, and we have not relied on them in our findings. The relevance and hearsay objections will be sustained. Petitioner objects to certain exhibits proposed by respondent, consisting of documents provided to respondent by petitioner or its representatives during the audit and during pretrial negotiations and preparation. Petitioner objects to the materials on the grounds of relevance, relying on Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324, 327 (1974). As to one document authored by petitioner’s counsel, petitioner also objects that it was provided in settlement negotiations. See Fed. R. Evid. 408. Although respondent disputes whether petitioner can rely on the rule of Greenberg’s Express, Inc. v. Commissioner, supra, respondent does not show how the materials in question are helpful in our resolution of this case. We have not relied on them in our findings of fact. Petitioner’s relevance objections are sustained. Petitioner objected at trial and renews on brief an objection to the testimony of Brian Huchro (Huchro), a senior staff accountant in the Division of Enforcement at the SEC who testified on SEC reporting requirements of publicly held companies. Huchro was identified in the trial memorandum and submitted a report as a rebuttal witness to Arthur C. Wyatt (Wyatt), whose report had been submitted by petitioner. At thePage: Previous 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Next
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