GlaxoSmithKline Holdings (Americas) Inc. - Page 6




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          the Federal Rules of Civil Procedure, and we are guided by                  
          judicial interpretations of Fed. R. Civ. P. 27 in the absence of            
          our own precedent.  See Reed v. Commissioner, 90 T.C. 698, 700              
          (1988).                                                                     
               Rule 82 states that an application must show:  (1) The facts           
          showing that the applicant expects to be a party to a case                  
          cognizable in this Court but is at present unable to bring it or            
          cause it to be brought; (2) the subject matter of the expected              
          action and the applicant’s interest therein; and (3) all matters            
          required to be shown in an application under paragraph (b)(1) of            
          Rule 81 except item (H) thereof.  Rule 81(b)(1), as is relevant             
          here, requires the applicant to show the reason for deposing a              
          person rather than waiting to call the person as a witness at               
          trial and the substance of the testimony that the applicant                 
          expects to elicit.  Rule 82 further provides:                               
               If the Court is satisfied that the perpetuation of the                 
               testimony or the preservation of the document or thing                 
               may prevent a failure or delay of justice, then it will                
               make an order authorizing the deposition and including                 
               such other terms and conditions as it may deem                         
               appropriate consistently with these Rules. * * *                       
               The instant application states that the applicants expect to           
          be adversaries in a case cognizable in this Court and that the              
          case will likely concern, among other items, adjustments to                 
          Glaxo’s taxable income pursuant to section 482.  Although the               
          Commissioner has not issued a notice of deficiency to Glaxo, and,           
          therefore, Glaxo presently is unable to file a petition with the            





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