- 7 - discovery request may have been served late, and respondent's timeliness concerns are moot. Petitioner requested production of appraisal documents with reasonable particularity in accordance with Rule 72, and respondent objected to production. Thereafter, petitioner properly filed the motion to compel production of documents pursuant to Rule 72. Petitioner asks for production of respondent's expert report obtained prior to the issuance of the deficiency notice. Respondent contends that the expert report was not used in the deficiency determination. Additionally, respondent points out that the second engineer's report, which was used as the basis for the deficiency determination, was made available to petitioner. Respondent also notes that the independent expert will not be called by respondent as an expert witness at any trial. Petitioner's discovery request for the expert report did not contain any delineation of a specific purpose for the request or intended use of the document. Following his motion to compel production of the expert report, petitioner was informed by respondent that he was not entitled to discovery of the requested expert report because such discovery would permit petitioner to go behind the notice of deficiency in violation of the principles expressed in Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324 (1974). To counter respondent's contentions, petitionerPage: 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