Richard L. Bennett - Page 7

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            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, petitioner                                





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