- 9 - It is unnecessary, however, to decide whether an exception to the principle of Greenberg's Express, Inc. v. Commissioner, supra, applies in this case. In response to petitioner's discovery request, respondent interposed the principle of Greenberg's Express and contended that petitioner was attempting to go behind the deficiency notice. Petitioner was seeking to obtain information about the valuation of the subject films. Greenberg's Express and its principle are directed to the question of what issues are justiciable before the Court. So, for example, it would generally make no difference to the Court what the position of the Commissioner’s agent was on a particular issue, even if that view was different from the one set forth in the notice of deficiency. That is so because the Commissioner's determination is set forth in the notice, and a trial de novo is provided to decide whether that determination is in error. The question of whether petitioner is entitled to respondent's expert report is one, in this setting, to be judged on the basis of discovery rules of this Court and not on the question of the admissibility of the expert report. We note that the pleadings do not raise an issue of whether the notice issued to petitioner is arbitrary or capricious. The standards governing discovery of documents are set out in Rule 70. Rule 70(b) provides that "The information or response sought through discovery may concern any matter notPage: 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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