Richard A. and Carol B. Little - Page 27

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          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                                                             






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