Richard L. Bennett - Page 10

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            privileged and which is relevant to the subject matter involved                             
            in the pending case."  Information that would be inadmissible at                            
            trial is discoverable if the information appears reasonably                                 
            calculated to lead to the discovery of admissible evidence.  Rule                           
            70(b).  The party objecting to discovery has the burden of                                  
            establishing that the documents sought by the other party are not                           
            relevant or that they are otherwise not discoverable.  Rosenfeld                            
            v. Commissioner, 82 T.C. 105, 112 (1984); Rutter v. Commissioner,                           
            81 T.C. 937, 948 (1983); Branerton Corp. v. Commissioner, 64 T.C.                           
            191, 193 (1975).  Accordingly, respondent bears the burden of                               
            showing that the expert report sought by petitioner is not                                  
            discoverable.                                                                               
                  Respondent attempts to carry that burden by contending that                           
            petitioner is not entitled to obtain discovery to show whether                              
            the notice is arbitrary or capricious.  We have relied on the                               
            rule in Greenberg's Express, Inc. v. Commissioner, supra, to deny                           
            motions to compel discovery of documents from the administrative                            
            stage of the case when the taxpayers have argued that the                                   
            Commissioner's deficiency determinations are arbitrary and                                  
            capricious or sought to challenge the Commissioner's motives or                             
            procedures in making the deficiency determination.  See, e.g.,                              
            Healey v. Commissioner, T.C. Memo. 1996-260; Wooten v.                                      
            Commissioner, T.C. Memo. 1993-241; Karlin v. Commissioner, T.C.                             
            Memo. 1990-496; Ramsey v. Commissioner, T.C. Memo. 1986-252.  In                            





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