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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 the
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