Michael Keller - Page 2

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          1993.1  Pursuant to section 6330(d), petitioner seeks review of             
          respondent’s determination.  The sole issue for decision is                 
          whether respondent abused his discretion in sustaining the                  
          proposed levy action.                                                       
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The first and second stipulations of fact and the attached                  
          exhibits are incorporated herein by this reference.2  Petitioner            
          resided in Escondido, California, when he filed his petition.               





               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.  Amounts              
          are rounded to the nearest dollar.                                          
               2  Respondent reserved relevancy objections to 8 exhibits              
          attached to the first stipulation of facts and to 143 exhibits              
          attached to the second stipulation of facts.  Fed. R. Evid. 402             
          provides the general rule that all relevant evidence is                     
          admissible, while evidence which is not relevant is not                     
          admissible.  Fed. R. Evid. 401 defines relevant evidence as                 
          “evidence having any tendency to make the existence of any fact             
          that is of consequence to the determination of the action more              
          probable or less probable than it would be without the evidence.”           
          While the relevancy of some exhibits and portions of petitioner’s           
          testimony is certainly limited, we find that the exhibits and               
          testimony meet the threshold definition of relevant evidence and            
          are admissible.  The Court will give the exhibits and testimony             
          only such consideration as is warranted by their pertinence to              
          the Court’s analysis of petitioner’s case.                                  
               Respondent also objected to many of the exhibits on the                
          basis of hearsay.  Even if we were to receive those exhibits into           
          evidence, they would have no impact on our findings of fact or on           
          the outcome of this case.                                                   




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