- 2 - 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 The parties’ stipulation of facts and the attached exhibits are incorporated herein by this reference. The facts stipulated are so found.2 Petitioner resided in Westminster, California, 1(...continued) 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 many of the exhibits attached to the stipulations of fact. 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 is certainly limited, this Court finds that the exhibits meet the threshold definition of relevant evidence and are admissible. The Court will give the exhibits 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 the Court 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
Last modified: May 25, 2011