- 27 -
parties. It stated in part: "Any documents or materials which
a party expects to utilize in the event of trial (except for
impeachment), but which are not stipulated, shall be identified
in writing and exchanged by the parties at least 15 days before
the first day of the trial session."
Materials not provided in compliance with our pretrial
orders may be excluded from evidence. Moretti v. Commissioner,
77 F.3d 637 (2d Cir. 1996). Exclusion of documents under the
standing pretrial order is particularly justified if they are
complex and voluminous, as here. See Kodak v. Commissioner, T.C.
Memo. 1991-485, affd. without published opinion 14 F.3d 47 (3d
Cir. 1993). The 302 reports are not admissible because they were
not exchanged at least 15 days before the first day of the trial
session as required by our standing pretrial order.
In light of our ruling that the 302 reports are not
admissible because they were not exchanged before trial, we need
not consider petitioner's hearsay objection.
C. Dondi Financial Stock
As stated above, petitioners bear the burden of proving that
their basis in the Dondi Financial stock was as they claimed on
their 1987 tax return, and respondent has the burden of proving
that the Dondi Financial stock became worthless before 1987. See
par. A-5, p. 17.
1. Basis
Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: May 25, 2011