- 2 - also relying on Fed. R. Civ. P. 26(b)(4)(B), argues that expert reports should not be discoverable under this Court's Rules of Practice and Procedure. Held: In the context of this case, P is not seeking to "go behind the notice of deficiency" and is entitled to discover and obtain a copy of Y's report. James W. Childs and Roxann T. Conrad, for petitioner. Carol A. Szczepanik and Dennis G. Driscoll, for respondent. MEMORANDUM OPINION GERBER, Judge: We must decide: (1) Whether, in a pretrial discovery setting, it was appropriate for respondent to refuse to produce a document on the ground that petitioner is not entitled to go behind the notice of deficiency determination, and (2) whether petitioner is entitled to discover a pre-deficiency- notice report of respondent’s expert who will not be called as a witness. Background Petitioner moved to compel production of an independent expert's report obtained by respondent during the examination process. On his 1990 and 1991 Federal income tax returns, petitioner claimed deductions in the amounts of $76,000 and $160,000, respectively, for the donation of 236 films to the Institute for the Advanced Study of Human Sexuality of the Exodus Trust, a charitable organization. Seventy-six films were donated in 1990 and 160 films in 1991. The films are 8-millimeter, silent, black and white films which contain erotic materialPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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