- 6 - argues that he would be entitled to the independent expert report under FOIA and that pursuing his motion to compel here causes a delay in the FOIA matter. The FOIA matter, however, is separate from this proceeding and outside this Court's jurisdiction and therefore has no effect on discovery issues before this Court. Davis v. Commissioner, 65 T.C. 1014, 1024 (1976); Maple v. Commissioner, T.C. Memo. 1990-567. Respondent, in addition to other grounds, contends that petitioner's motion to compel production of documents is untimely under Rule 70(a)(2).1 Rule 70(a)(2) requires discovery to be completed, unless otherwise authorized by the Court, no later than 45 days prior to the date set for call of the case from a trial calendar. Respondent argues that the case was calendared for trial on June 2, 1997, and that discovery had to be completed 45 days prior to that date, April 18, 1997. Accordingly, respondent maintains that petitioner's request for documents on April 21, 1997, was not timely. By order of this Court, this case was stricken from the June 2, 1997, calendar. Petitioner subsequently filed the motion to compel production of documents at issue here. Accordingly and due to the continuance of the trial in this case, it is now irrelevant that petitioner's 1 All Rule references are to the Tax Court’s Rules of Practice and Procedure, and all section references are to the Internal Revenue Code in effect for the period under consideration, unless otherwise indicated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011