Richard L. Bennett - Page 6

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            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.                                                  





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