- 9 - petitioner has been prejudiced in terms of its opportunity to have a fair trial on the merits of the items in controversy. We find that respondent’s action was timely in the setting of this case. The parties were preparing for a trial to begin April 29, 1996. The litigation had proceeded only a few months into the pretrial schedule and was about 6 months from trial date when the Court of Appeals’ holding changed the slant of the legal playing field concerning the funding issue. This Court informally agreed with the parties that they would be given time to consider the effect of the Court of Appeals’ holding. In addition, we were disposed to continue the funding issue from the scheduled April 29, 1996, starting date. Approximately 1 month after the Fairchild reversal, respondent announced her concession of the legal issue and that it would be necessary for petitioner to tie the amount of the credit to the contract language. At that point, the parties agreed to proceed to trial on the other unresolved issue(s) beginning April 29, 1996, and that any trial concerning the funding issue should be delayed. The Court agreed to continue the funding issue for a reasonable time to give the parties an opportunity to evaluate the effects of the concession and respondent’s position on quantification of the research credit. Petitioner refers us to Durkin v. Commissioner, 87 T.C. 1329, 1402-1403 (1986), affd. 872 F.2d 1271 (7th Cir. 1989), for its contention that this Court’s Rules and Procedures are not toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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