Tribune Company, As Agent of and Successor By Merger to the Former the Times Mirror Company, Itself and its Consolidated Subsidiaries - Page 48

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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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