MTS International, Inc. - Page 16

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                  At trial, petitioner submitted several exhibits purporting                           
            to substantiate some of petitioner corporation’s travel and                                
            entertainment expenses and petitioner’s claim that he made cash                            
            advances to petitioner corporation.  They were not admitted into                           
            evidence because they were not exchanged as required by our                                
            pretrial orders.6  Materials not exchanged in compliance with our                          
            pretrial orders may be excluded from evidence.  Rule 104(c)(2);                            
            Gleason v. Commissioner, T.C. Memo. 1990-110; see Freedson v.                              
            Commissioner, 565 F.2d 954 (5th Cir. 1978), affg. 65 T.C. 333                              
            (1975) and 67 T.C. 931 (1977); McCoy v. Commissioner, 76 T.C.                              
            1027 (1981), affd. 696 F.2d 1234 (9th Cir. 1983).                                          
                  At trial, petitioner’s counsel said that prior counsel for                           
            petitioner had told him that he submitted and withdrew for                                 
            reorganization “voluminous documentation” around July 15, 1994.                            
            Respondent’s counsel remembered receiving no such documents from                           
            petitioner.  There is no corroboration of petitioner’s counsel’s                           
            secondhand report that prior counsel gave records to respondent                            
            in July 1994.  Petitioners apparently accept respondent’s                                  
            counsel’s account because they have not pursued this point                                 
            further.  Also, petitioner does not claim that he organized any                            
            of these records and gave them to respondent before these cases                            
            were tried.                                                                                

                  6 Petitioner refrained from offering numerous documents into                         
            evidence after we did not admit other exhibits that were not                               
            exchanged before trial.                                                                    




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