- 10 - 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. InPage: 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