- 10 - Respondent counters that petitioner will not be prejudiced by the granting of her motions on the ground that petitioner was aware of respondent's intention to seek leave to raise the issue at the time the parties filed their last Joint Motion for Continuance in both dockets. Respondent also maintains that, because neither case is presently calendared for trial, 6(...continued) THE COURT: Given that difference, why should the Court not permit an amendment in * * * [docket No. 16170-94]? MR. MILLER: I view the settlement process as sort of like playing cards. You are turning one card over at a time. You are trying to find what is important to the other side, what they have flexibility on, what the IRS national office is controlling that you know you can't do anything with, and it is sort of a process of feeling out while not showing all of your cards. The prejudice in * * * [docket No. 26352-93] is that we put out all of our cards. I thought the game was over, and suddenly the government pulled an ace from their pocket. * * * [In docket No. 16170-94] we have shown some of our cards. Once you have shown them, you can't ever put them back in your pocket. So the prejudice really is that we have begun the negotiations and we have conceded certain things going towards settling all the issues. As I say, Your Honor, I think the prejudice is a lot less in that. I am not as troubled by the government being able to raise the issue in the latter docket as I would be troubled if the Court allows the government to raise it in the earlier docket. The taxpayer paid for that certainty in the earlier docket. They gave up a number of issues and hundreds of thousands of dollars in order to get that settlement. * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011