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WEISS v. C.I.R.

No. 89-70148.

919 F.2d 115 (1990)

Eric F. WEISS; Mary E. Weiss, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Walter Tribbey, Ontario, Cal., for petitioners-appellants.

Shirley D. Peterson, Asst. Atty. Gen., Gary R. Allen, Ann B. Durney, Curtis C. Pett, Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellee.

Before LIVELY, FLETCHER and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

In April 1984, the IRS determined deficiencies in Eric and Mary Weiss's income tax and assessed additional taxes for 1976, 1977, and 1978. The Weisses petitioned the Tax Court for a redetermination and moved the Tax Court to suppress evidence derived from the IRS's exercise of "institutional bad faith." This institutional bad faith, which was found to exist by a district judge in a prior criminal prosecution based on the same facts, consisted...

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