Wentz v. Commissioner
United States Tax Court
Ps entered into agreements with insurance agents under which Ps agreed to apply for whole life insurance. Upon approval by the insurance companies, Ps paid the premiums. After receiving their commissions (of over 100 percent of the premium), the agents made kickbacks of the premiums to Ps and, in effect, provided petitioners with insurance at no net cost. At trial, R moved to admit two exhibits (a plea agreement and a consent order) into evidence.
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Ps entered into agreements with insurance agents under which Ps agreed to apply for whole life insurance. Upon approval by the insurance companies, Ps paid the premiums. After receiving their commissions (of over 100 percent of the premium), the agents made kickbacks of the premiums to Ps and, in effect, provided petitioners with insurance at no net cost. At trial, R moved to admit two exhibits (a plea agreement and a consent order) into evidence. We found these exhibits to be relevant and material; however, Ps objected to their admission under Fed. R. Evid. 408. 1. Held: The plea agreement…
1Opinion of the Court
Gerber, Judge:
Respondent determined deficiencies in petitioners’ Federal income taxes, additions to tax, and an accuracy-related penalty as follows:
Additions to tax Penalty
Year Deficiency Sec. 6653(a)(1) Sec. 6653(a)(2) Sec. 6662(a)
1984 1 $204 2 ---
1988 CO h-L to -e/3a CO
1989 $702 05
All section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated.
After concessions, the issues remaining for our consideration are: (1) Whether a plea agreement and a consent order are…
2Cases cited24 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Neely v. CommissionerUnited States Tax Court · 1985
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
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- Alfred E. Gallade v. CommissionerUnited States Tax Court · 1996
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