- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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